United Nations Actions
U.N. Security Council resolutions provide authority for U.S. action under international
law. Whether congressional authorization is required under domestic law depends on the
types of U.N. action and is governed by the Constitution, the U.N. Participation Act (P.L.
79-264, as amended), as well as by the War Powers Resolution. Section 8(b) of the War
Powers Resolution exempts only participation in headquarters operations of joint military
commands established prior to 1973.
For armed actions under Articles 42 and 43 of the U.N. Charter, Section 6 of the U.N.
Participation Act authorizes the President to negotiate special agreements with the Security
Council, subject to the approval of Congress, providing for the numbers and types of armed forces and facilities to be made available to the Security Council. Once the agreements have been concluded, further congressional authorization is not necessary, but no such agreements have been concluded. Some Members have sought to encourage negotiation of military agreements under Article 43 of the U.N. Charter. Questions include whether congressional approval is required only for an initial agreement on providing peacekeeping forces in general, or for each agreement to provide forces in specific situations, and how such approvals would relate to the War Powers Resolution.
Section 7 of the U.N. Participation Act authorizes the detail of up to 1,000 personnel
to serve in any noncombatant capacity for certain U.N. peaceful settlement activities. The
United States has provided personnel to several U.N. peacekeeping missions, such as
observers to the U.N. Truce Supervision Organization in Palestine. In these instances,
controversy over the need for congressional authorization has not occurred because the action appeared to fall within the authorization in Section 7 of the Participation Act. Controversy has arisen when forces have been deployed in larger numbers or as possible combatants.
In the 103rd Congress, Members used several vehicles in seeking some control over
future peacekeeping actions wherever they might occur. Both the Defense Appropriations
Act for FY1994, P.L. 103-139 (Section 8153), and for FY1995, P.L. 103- 335 (Section
8103), stated the sense of Congress that funds should not be used for U.N. peacekeeping or peace enforcement operations unless the President consulted with Congress at least 15 days in advance whenever possible. Section 1502 of the Defense Authorization for FY1994, P.L. 103-60, required the President to submit by April 1, 1994, a report on multinational peacekeeping including the requirement of congressional approval for participation and the applicability of the War Powers Resolution and the U.N. Participation Act.
Along similar lines, the conference report on the Department of State Appropriations
Act for FY1994, H.R. 2519 (P.L. 103-121, signed October 27, 1993), called for the Secretary of State to notify both Appropriations Committees 15 days in advance, where practicable, of a vote by the U.N. Security Council to establish any new or expanded peacekeeping mission. The Foreign Relations Authorization Act, P.L. 103-236, signed April 30, 1994, established new requirements for consultation with Congress on U.S. Participation in U.N. Peacekeeping Operations. Section 407 required monthly consultations on the status of peacekeeping operations and advance reports on resolutions that would authorize a new U.N. peacekeeping operation. It also required 15 days advance notice of any U.S. assistance to support U.N. peacekeeping operations and a quarterly report on all assistance that had been provided to the U.N. for peacekeeping operations. To permit Presidential flexibility, conferees explained, the quarterly report need not include temporary duty assignments of U.S. personnel in support of peacekeeping operations of less than twenty personnel in any one case.