§403. International peacekeeping activities

(a) Authority.-To the extent provided in defense authorization Acts and appropriations Acts, the Secretary of Defense may furnish assistance in support of international peacekeeping activities of the United Nations or any regional organization of which the United States is a member.

(b) Forms of Assistance.-Assistance provided under subsection (a) may include funds, supplies, services, and equipment. Any funds so provided shall be derived from amounts available to the Department of Defense for the fiscal year for which the assistance is provided.

(c) Limitations.-Funds may be provided as assistance pursuant to subsection (a) for a fiscal year-

(1) only if funds available to the Department of State for that fiscal year for contributions for international peacekeeping activities are insufficient or otherwise unavailable to meet the United States' fair share of costs for international peacekeeping activities, as determined by the President;

(2) only to the extent that such funds are required to meet unexpected and urgent requirements;

(3) only to the extent that the United States' fair share of such costs exceeds the amount that the President requests Congress to appropriate for the Department of State for such fiscal year for international peacekeeping activities;

(4) only if the United States has received written commitments that the United States will be fully and promptly reimbursed by the United Nations or the regional organization involved for outstanding obligations incurred through an arrangement designated under United Nations practices as a "letter of assist" or a similar arrangement for logistics support, supplies, services, and equipment provided by the Department of Defense on a contract basis to the United Nations or the regional organization involved; and

(5) only if the Department of Defense will receive any reimbursement to the United States from the United Nations or a regional organization for outstanding obligations incurred through an arrangement designated under United Nations practices as a "letter of assist" or a similar arrangement for logistics support, supplies, services, and equipment provided by the Department of Defense on a contract basis to the United Nations or the regional organization involved, unless such reimbursement to the Department of Defense is otherwise precluded by law.

(d) Consultation.-The Secretary of Defense shall consult with the Secretary of State before furnishing any assistance pursuant to subsection (a).

(e) Determinations Required.-No assistance may be furnished pursuant to subsection (a) unless the Secretary of Defense certifies to Congress that the provision of such assistance will not adversely affect the military preparedness of the United States.

(f) Advance Notice to Congress.-Not less than 30 days before obligating any funds for purposes of subsection (a), the Secretary of Defense shall transmit to Congress a report on the proposed obligation. The report shall-

(1) specify the account, budget activity, and particular program or programs from which the funds proposed to be obligated are to be derived and the amount of the proposed obligation;

(2) specify the activities and forms of assistance for which the Secretary of Defense plans to obligate such funds; and

(3) include the certification required by subsection (e).

(g) Definition.-In this section, the term "defense authorization Act" means an Act that authorizes appropriations for one or more fiscal years for military activities of the Department of Defense, including the activities described in paragraph (7) of section 114(a) of this title.

(h) Termination.-The authority of the Secretary of Defense to furnish assistance under subsection (a) shall expire on September 30, 1994.

(Added Pub. L. 102–484, div. A, title XIII, §1342(c)(1), Oct. 23, 1992, 106 Stat. 2557 ; amended Pub. L. 103–160, div. A, title XV, §1501(b), (c), Nov. 30, 1993, 107 Stat. 1836 .)

Prior Provisions

A prior section 403 was renumbered section 401(c) of this title.

Amendments

1993-Subsec. (c). Pub. L. 103–160, §1501(b), struck out "Related to Availability of State Department Funds" after "Limitations" in heading, struck out "and" at end of pars. (1) and (2), substituted a semicolon for period at end of par. (3), and added pars. (4) and (5).

Subsec. (h). Pub. L. 103–160, §1501(c), substituted "September 30, 1994" for "September 30, 1993".

Support for Peacekeeping Activities

Section 1342(a) of Pub. L. 102–484 provided that: "The Congress makes the following findings:

"(1) International peacekeeping activities contribute to the national interests of the United States in maintaining global stability and order.

"(2) International peacekeeping activities take many forms and include observer missions, ceasefire monitoring, human rights monitoring, refugee and humanitarian assistance, monitoring and conducting elections, monitoring of police in the demobilization of former combatants, and reforming judicial and other civil and administrative systems of government.

"(3) International peacekeeping activities traditionally involve the presence of military troops, police forces, and, in recent years, civilian experts in transportation, logistics, medicine, electoral systems, human rights, land tenure, other economic and social issues, and other areas of expertise.

"(4) International peacekeeping activities serve both the foreign policy interests and defense policy interests of the United States.

"(5) The normal budget process of authorizing and appropriating funds a year in advance and reprogramming such funds is insufficient to satisfy the need for funds for peacekeeping efforts arising from an unanticipated crisis.

"(6) Greater flexibility is needed to ensure the timely availability of funding to provide for peacekeeping activities."