I

104TH CONGRESS

2D SESSION H. R. 3308

To amend title 10, United States Code, to limit the placement of United

States forces under United Nations operational or tactical control, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 24, 1996

Mr. LONGLEY (for himself, Mr. ARMEY, Mr. DELAY, Mr. COX of California,

Mr. SPENCE, Mr. GILMAN, Mr. BUYER, Mr. CHAMBLISS, Mr.

CUNNINGHAM, Mr. DORNAN, Mr. EVERETT, Mr. HANSEN, Mr. HEFLEY,

Mr. HERGER, Mr. HILLEARY, Mr. HOKE, Mr. HOSTETTLER, Mr. HUNTER, Mr. JONES, Mr. KIM, Mr. MCKEON, Mr. METCALF, Mr.

RADANOVICH, Mr. SAXTON, Mr. TALENT, Mr. THORNBERRY, Mr.

TIAHRT, Mr. TORKILDSEN, Mr. WATTS of Oklahoma, and Mr. WELDON

of Pennsylvania) introduced the following bill; which was referred to the

Committee on National Security, and in addition to the Committee on

International Relations, 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

A BILL

To amend title 10, United States Code, to limit the placement of United States forces under United Nations operational or tactical control, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 3308 IH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘United States Armed

3 Forces Protection Act of 1996’’.

4 SEC. 2. FINDINGS AND CONGRESSIONAL POLICY.

5 (a) FINDINGS.—Congress finds as follows:

6 (1) The President has made United Nations

7 peace operations a major component of the foreign

8 and security policies of the United States.

9 (2) The President has committed United States

10 military personnel under United Nations operational

11 control to missions in Haiti, Croatia, and Macedonia

12 that could endanger those personnel.

13 (3) The President has deployed over 22,000

14 United States military personnel to the former

15 Yugoslavia as peacekeepers under NATO operational

16 control to implement the Dayton Peace Accord of

17 December 1995.

18 (4) Although the President has insisted that he

19 will retain command of United States forces at all

20 times, in the past this has meant administrative con21 trol of United States forces only, while operational

22 control has been ceded to United Nations command23 ers, some of whom were foreign nationals.

24 (5) The experience of United States forces par25 ticipating in combined United States-United Nations

26 operations in Somalia, and in combined United Na-
3

•HR 3308 IH

1 tions-NATO operations in the former Yugoslavia,

2 demonstrate that prerequisites for effective military

3 operations such as unity of command and clarity of

4 mission have not been met by United Nations com5 mand and control arrangements.

6 (6) Despite the many deficiencies in the con7 duct of United Nations peace operations, there may

8 be unique occasions when it is in the national secu9 rity interests of the United States to participate in

10 such operations.

11 (b) POLICY.—It is the sense of Congress that—

12 (1) the President should consult closely with

13 Congress regarding any United Nations peace oper14 ation that could involve United States combat forces

15 and that such consultations should continue

16 throughout the duration of such activities;

17 (2) the President should consult with Congress

18 before a vote within the United Nations Security

19 Council on any resolution which would authorize, ex20 tend, or revise the mandate for any such activity;

21 (3) in view of the complexity of United Nations

22 peace operations and the difficulty of achieving unity

23 of command and expeditious decisionmaking, the

24 United States should participate in such operations
4

•HR 3308 IH

1 only when it is clearly in the national security inter2 est to do so;

3 (4) United States combat forces should be

4 under the operational control of qualified command5 ers and should have clear and effective command

6 and control arrangements and rules of engagement

7 (which do not restrict their self-defense in any way)

8 and clear and unambiguous mission statements; and

9 (5) none of the Armed Forces of the United

10 States should be under the operational control of

11 foreign nationals in United Nations peace enforce12 ment operations except in the most extraordinary

13 circumstances.

14 (c) DEFINITIONS.—For purposes of subsections (a)

15 and (b):

16 (1) The term ‘‘United Nations peace enforce17 ment operations’’ means any international peace en18 forcement or similar activity that is authorized by

19 the United Nations Security Council under chapter

20 VII of the Charter of the United Nations.

21 (2) The term ‘‘United Nations peace oper22 ations’’ means any international peacekeeping,

23 peacemaking, peace enforcement, or similar activity

24 that is authorized by the United Nations Security
5

•HR 3308 IH

1 Council under chapter VI or VII of the Charter of

2 the United Nations.

3 SEC. 3. PLACEMENT OF UNITED STATES FORCES UNDER

4 UNITED NATIONS OPERATIONAL OR TAC5 TICAL CONTROL.

6 (a) IN GENERAL.—(1) Chapter 20 of title 10, United

7 States Code, is amended by inserting after section 404 the

8 following new section:

9 ‘‘§ 405. Placement of United States forces under Unit10 ed Nations operational or tactical con11 trol: limitation

12 ‘‘(a) LIMITATION.—Except as provided in subsections

13 (b) and (c), funds appropriated or otherwise made avail14 able for the Department of Defense may not be obligated

15 or expended for activities of any element of the armed

16 forces that after the date of the enactment of this section

17 is placed under United Nations operational or tactical con18 trol, as defined in subsection (f).

19 ‘‘(b) EXCEPTION FOR PRESIDENTIAL CERTIFI20 CATION.—(1) Subsection (a) shall not apply in the case

21 of a proposed placement of an element of the armed forces

22 under United Nations operational or tactical control if the

23 President, not less than 15 days before the date on which

24 such United Nations operational or tactical control is to
6

•HR 3308 IH

1 become effective (or as provided in paragraph (2)), meets

2 the requirements of subsection (d).

3 ‘‘(2) If the President certifies to Congress that an

4 emergency exists that precludes the President from meet5 ing the requirements of subsection (d) 15 days before plac6 ing an element of the armed forces under United Nations

7 operational or tactical control, the President may place

8 such forces under such operational or tactical control and

9 meet the requirements of subsection (d) in a timely man10 ner, but in no event later than 48 hours after such oper11 ational or tactical control becomes effective.

12 ‘‘(c) ADDITIONAL EXCEPTIONS.—(1) Subsection (a)

13 shall not apply in the case of a proposed placement of any

14 element of the armed forces under United Nations oper15 ational or tactical control if Congress specifically author16 izes by law that particular placement of United States

17 forces under United Nations operational or tactical con18 trol.

19 ‘‘(2) Subsection (a) shall not apply in the case of a

20 proposed placement of any element of the armed forces

21 in an operation conducted by the North Atlantic Treaty

22 Organization.

23 ‘‘(d) PRESIDENTIAL CERTIFICATIONS.—The require24 ments referred to in subsection (b)(1) are that the Presi25 dent submit to Congress the following:
7

•HR 3308 IH

1 ‘‘(1) Certification by the President that it is in

2 the national security interests of the United States

3 to place any element of the armed forces under

4 United Nations operational or tactical control.

5 ‘‘(2) A report setting forth the following:

6 ‘‘(A) A description of the national security

7 interests that would be advanced by the place8 ment of United States forces under United Na9 tions operation or tactical control.

10 ‘‘(B) The mission of the United States

11 forces involved.

12 ‘‘(C) The expected size and composition of

13 the United States forces involved.

14 ‘‘(D) The precise command and control re15 lationship between the United States forces in16 volved and the United Nations command struc17 ture.

18 ‘‘(E) The precise command and control re19 lationship between the United States forces in20 volved and the commander of the United States

21 unified command for the region in which those

22 United States forces are to operate.

23 ‘‘(F) The extent to which the United

24 States forces involved will rely on forces of

25 other countries for security and defense and an
8

•HR 3308 IH

1 assessment of the capability of those other

2 forces to provide adequate security to the Unit3 ed States forces involved.

4 ‘‘(G) The exit strategy for complete with5 drawal of the United States forces involved.

6 ‘‘(H) The extent to which the commander

7 of any unit of the armed forces proposed for

8 placement under United Nations operational or

9 tactical control will at all times retain the

10 right—

11 ‘‘(i) to report independently to supe12 rior United States military authorities; and

13 ‘‘(ii) to decline to comply with orders

14 judged by the commander to be illegal or

15 beyond the mandate of the mission to

16 which the United States agreed with the

17 United Nations, until such time as that

18 commander receives direction from supe19 rior United States military authorities with

20 respect to the orders that the commander

21 has declined to comply with.

22 ‘‘(I) The extent to which the United States

23 will retain the authority to withdraw any ele24 ment of the armed forces from the proposed op25 eration at any time and to take any action it
9

•HR 3308 IH

1 considers necessary to protect those forces if

2 they are engaged.

3 ‘‘(J) The extent to which United States

4 forces involved will be required to wear as part

5 of their uniform any badge, symbol, helmet,

6 headgear, or other visible indicia or insignia

7 that indicates affiliation to or with the United

8 Nations.

9 ‘‘(K) The anticipated monthly incremental

10 cost to the United States of participation in the

11 United Nations operation by the United States

12 forces which are proposed to be placed under

13 United Nations operational or tactical control.

14 ‘‘(e) CLASSIFICATION OF REPORT.—A report under

15 subsection (d) shall be submitted in unclassified form and,

16 if necessary, in classified form.

17 ‘‘(f) UNITED NATIONS OPERATIONAL OR TACTICAL

18 CONTROL.—For purposes of this section, an element of

19 the Armed Forces shall be considered to be placed under

20 United Nations operational or tactical control if—

21 ‘‘(1) that element is under the operational or

22 tactical control of an individual acting on behalf of

23 the United Nations for the purpose of international

24 peacekeeping, peacemaking, peace-enforcing, or simi25 lar activity that is authorized by the Security Coun-
10

•HR 3308 IH

1 cil under chapter VI or VII of the Charter of the

2 United Nations; and

3 ‘‘(2) the senior military commander of the Unit4 ed Nations force or operation is a foreign national

5 or is a citizen of the United States who is not a

6 United States military officer serving on active duty.

7 ‘‘(g) INTERPRETATION.—Nothing in this section may

8 be construed—

9 ‘‘(1) as authority for the President to use any

10 element of the armed forces in any operation; and

11 ‘‘(2) as authority for the President to place any

12 element of the armed forces under the command or

13 operational control of a foreign national.’’.

14 (2) The table of sections at the beginning of sub15 chapter I of such chapter is amended by adding at the

16 end the following new item:

‘‘405. Placement of United States forces under United Nations operational or

tactical control: limitation.’’.

17 (b) EXCEPTION FOR ONGOING OPERATIONS IN MAC18 EDONIA AND CROATIA.—Section 405 of title 10, United

19 States Code, as added by subsection (a), does not apply

20 in the case of activities of the Armed Forces as part of

21 the United Nations force designated as the United Na22 tions Protection Force (UNPROFOR) that are carried

23 out—
11

•HR 3308 IH

1 (1) in Macedonia pursuant to United Nations

2 Security Council Resolution 795, adopted December

3 11, 1992, and subsequent reauthorization Resolu4 tions; or

5 (2) in Croatia pursuant to United Nations Se6 curity Council Resolution 743, adopted February 21,

7 1992, and subsequent reauthorization Resolutions.

8 SEC. 4. REQUIREMENT TO ENSURE THAT ALL MEMBERS

9 KNOW MISSION AND CHAIN OF COMMAND.

10 (a) IN GENERAL.—Chapter 37 of title 10, United

11 States Code, is amended by adding at the end the follow12 ing new section:

13 ‘‘§656. Members required to be informed of mission

14 and chain of command

15 ‘‘The commander of any unit of the armed forces as16 signed to an operation shall ensure that each member of

17 such unit is fully informed of that unit’s mission as part

18 of such operation and of that member’s chain of com19 mand.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections

21 at the beginning of such chapter is amended by adding

22 at the end the following new item:

‘‘656. Members required to be informed of mission and chain of command.’’.

Æ