Union Calendar No. 321

104TH CONGRESS

2D SESSION H. R. 3308

[Report No. 104–642, Part I]

A BILL

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

other purposes.Nations operational or tactical control, and forplacement of United States forces under United

JUNE 27, 1996

Committee on International Relations discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the
IB

Union Calendar No. 321

104TH CONGRESS

2D SESSION H. R. 3308

[Report No. 104–642, Part I]

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

JUNE 27, 1996

Reported from the Committee on National Security

JUNE 27, 1996

Referral to the Committee on International Relations extended for a period

ending not later than June 27, 1996

JUNE 27, 1996

Committee on International Relations discharged; committed to the Committee

of the Whole House on the State of the Union and ordered to be printed
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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,

3 SECTION 1. SHORT TITLE.

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

5 Forces Protection Act of 1996’’.

6 SEC. 2. FINDINGS AND CONGRESSIONAL POLICY.

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

8 (1) The President has made United Nations

9 peace operations a major component of the foreign

10 and security policies of the United States.

11 (2) The President has committed United States

12 military personnel under United Nations operational

13 control to missions in Haiti, Croatia, and Macedonia

14 that could endanger those personnel.

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

16 United States military personnel to the former

17 Yugoslavia as peacekeepers under NATO operational

18 control to implement the Dayton Peace Accord of

19 December 1995.

20 (4) Although the President has insisted that he

21 will retain command of United States forces at all
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1 times, in the past this has meant administrative con2 trol of United States forces only, while operational

3 control has been ceded to United Nations command4 ers, some of whom were foreign nationals.

5 (5) The experience of United States forces par6 ticipating in combined United States-United Nations

7 operations in Somalia, and in combined United Na8 tions-NATO operations in the former Yugoslavia,

9 demonstrate that prerequisites for effective military

10 operations such as unity of command and clarity of

11 mission have not been met by United Nations com12 mand and control arrangements.

13 (6) Despite the many deficiencies in the con14 duct of United Nations peace operations, there may

15 be unique occasions when it is in the national secu16 rity interests of the United States to participate in

17 such operations.

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

19 (1) the President should consult closely with

20 Congress regarding any United Nations peace oper21 ation that could involve United States combat forces

22 and that such consultations should continue

23 throughout the duration of such activities;

24 (2) the President should consult with Congress

25 before a vote within the United Nations Security
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1 Council on any resolution which would authorize, ex2 tend, or revise the mandate for any such activity;

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

4 peace operations and the difficulty of achieving unity

5 of command and expeditious decisionmaking, the

6 United States should participate in such operations

7 only when it is clearly in the national security inter8 est to do so;

9 (4) United States combat forces should be

10 under the operational control of qualified command11 ers and should have clear and effective command

12 and control arrangements and rules of engagement

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

14 and clear and unambiguous mission statements; and

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

16 States should be under the operational control of

17 foreign nationals in United Nations peace enforce18 ment operations except in the most extraordinary

19 circumstances.

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

21 and (b):

22 (1) The term ‘‘United Nations peace enforce23 ment operations’’ means any international peace en24 forcement or similar activity that is authorized by
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1 the United Nations Security Council under chapter

2 VII of the Charter of the United Nations.

3 (2) The term ‘‘United Nations peace oper4 ations’’ means any international peacekeeping,

5 peacemaking, peace enforcement, or similar activity

6 that is authorized by the United Nations Security

7 Council under chapter VI or VII of the Charter of

8 the United Nations.

9 SEC. 3. PLACEMENT OF UNITED STATES FORCES UNDER

10 UNITED NATIONS OPERATIONAL OR TAC11 TICAL CONTROL.

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

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

14 following new section:

15 ‘‘§ 405. Placement of United States forces under Unit16 ed Nations operational or tactical con17 trol: limitation

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

19 (b) and (c), funds appropriated or otherwise made avail20 able for the Department of Defense may not be obligated

21 or expended for activities of any element of the armed

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

23 is placed under United Nations operational or tactical con24 trol, as defined in subsection (f).
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1 ‘‘(b) EXCEPTION FOR PRESIDENTIAL CERTIFI2 CATION.—(1) Subsection (a) shall not apply in the case

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

4 under United Nations operational or tactical control if the

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

6 such United Nations operational or tactical control is to

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

8 the requirements of subsection (d).

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

10 emergency exists that precludes the President from meet11 ing the requirements of subsection (d) 15 days before plac12 ing an element of the armed forces under United Nations

13 operational or tactical control, the President may place

14 such forces under such operational or tactical control and

15 meet the requirements of subsection (d) in a timely man16 ner, but in no event later than 48 hours after such oper17 ational or tactical control becomes effective.

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

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

20 element of the armed forces under United Nations oper21 ational or tactical control if Congress specifically author22 izes by law that particular placement of United States

23 forces under United Nations operational or tactical con24 trol.
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1 ‘‘(2) Subsection (a) shall not apply in the case of a

2 proposed placement of any element of the armed forces

3 in an operation conducted by the North Atlantic Treaty

4 Organization.

5 ‘‘(d) PRESIDENTIAL CERTIFICATIONS.—The require6 ments referred to in subsection (b)(1) are that the Presi7 dent submit to Congress the following:

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

9 the national security interests of the United States

10 to place any element of the armed forces under

11 United Nations operational or tactical control.

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

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

14 interests that would be advanced by the place15 ment of United States forces under United Na16 tions operation or tactical control.

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

18 forces involved.

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

20 the United States forces involved.

21 ‘‘(D) The precise command and control re22 lationship between the United States forces in23 volved and the United Nations command struc24 ture.
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1 ‘‘(E) The precise command and control re2 lationship between the United States forces in3 volved and the commander of the United States

4 unified command for the region in which those

5 United States forces are to operate.

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

7 States forces involved will rely on forces of

8 other countries for security and defense and an

9 assessment of the capability of those other

10 forces to provide adequate security to the Unit11 ed States forces involved.

12 ‘‘(G) The exit strategy for complete with13 drawal of the United States forces involved.

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

15 of any unit of the armed forces proposed for

16 placement under United Nations operational or

17 tactical control will at all times retain the

18 right—

19 ‘‘(i) to report independently to supe20 rior United States military authorities; and

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

22 judged by the commander to be illegal or

23 beyond the mandate of the mission to

24 which the United States agreed with the

25 United Nations, until such time as that
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1 commander receives direction from supe2 rior United States military authorities with

3 respect to the orders that the commander

4 has declined to comply with.

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

6 will retain the authority to withdraw any ele7 ment of the armed forces from the proposed op8 eration at any time and to take any action it

9 considers necessary to protect those forces if

10 they are engaged.

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

12 forces involved will be required to wear as part

13 of their uniform any badge, symbol, helmet,

14 headgear, or other visible indicia or insignia

15 that indicates affiliation to or with the United

16 Nations.

17 ‘‘(K) The anticipated monthly incremental

18 cost to the United States of participation in the

19 United Nations operation by the United States

20 forces which are proposed to be placed under

21 United Nations operational or tactical control.

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

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

24 if necessary, in classified form.
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1 ‘‘(f) UNITED NATIONS OPERATIONAL OR TACTICAL

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

3 the Armed Forces shall be considered to be placed under

4 United Nations operational or tactical control if—

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

6 tactical control of an individual acting on behalf of

7 the United Nations for the purpose of international

8 peacekeeping, peacemaking, peace-enforcing, or simi9 lar activity that is authorized by the Security Coun10 cil under chapter VI or VII of the Charter of the

11 United Nations; and

12 ‘‘(2) the senior military commander of the Unit13 ed Nations force or operation is a foreign national

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

15 United States military officer serving on active duty.

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

17 be construed—

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

19 element of the armed forces in any operation; and

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

21 element of the armed forces under the command or

22 operational control of a foreign national.’’.

23 (2) The table of sections at the beginning of sub24 chapter I of such chapter is amended by adding at the

25 end the following new item:
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‘‘405. Placement of United States forces under United Nations operational or

tactical control: limitation.’’.

1 (b) EXCEPTION FOR ONGOING OPERATIONS IN MAC2 EDONIA AND CROATIA.—Section 405 of title 10, United

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

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

5 the United Nations force designated as the United Na6 tions Protection Force (UNPROFOR) that are carried

7 out—

8 (1) in Macedonia pursuant to United Nations

9 Security Council Resolution 795, adopted December

10 11, 1992, and subsequent reauthorization Resolu11 tions; or

12 (2) in Croatia pursuant to United Nations Se13 curity Council Resolution 743, adopted February 21,

14 1992, and subsequent reauthorization Resolutions.

15 SEC. 4. REQUIREMENT TO ENSURE THAT ALL MEMBERS

16 KNOW MISSION AND CHAIN OF COMMAND.

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

18 States Code, is amended by adding at the end the follow19 ing new section:

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

21 and chain of command

22 ‘‘The commander of any unit of the armed forces as23 signed to an operation shall ensure that each member of

24 such unit is fully informed of that unit’s mission as part
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1 of such operation and of that member’s chain of com2 mand.’’.

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

4 at the beginning of such chapter is amended by adding

5 at the end the following new item:

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