II

104TH CONGRESS

2D SESSION H. R. 3308

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 6, 1996

Received; read twice and referred to the Committee on Armed Services

AN ACT

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,
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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-
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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 fully comply with all

13 applicable provisions of law governing the deploy14 ment of the Armed Forces of the United States to

15 United Nations peacekeeping operations;

16 (2) the President should consult closely with

17 Congress regarding any United Nations peace oper18 ation that could involve United States combat forces

19 and that such consultations should continue

20 throughout the duration of such activities;

21 (3) the President should consult with Congress

22 before a vote within the United Nations Security

23 Council on any resolution which would authorize, ex24 tend, or revise the mandate for any such activity;
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1 (4) in view of the complexity of United Nations

2 peace operations and the difficulty of achieving unity

3 of command and expeditious decisionmaking, the

4 United States should participate in such operations

5 only when it is clearly in the national security inter6 est to do so;

7 (5) United States combat forces should be

8 under the operational control of qualified command9 ers and should have clear and effective command

10 and control arrangements and rules of engagement

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

12 and clear and unambiguous mission statements; and

13 (6) none of the Armed Forces of the United

14 States should be under the operational control of

15 foreign nationals in United Nations peace enforce16 ment operations except in the most extraordinary

17 circumstances.

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

19 and (b):

20 (1) The term ‘‘United Nations peace enforce21 ment operations’’ means any international peace en22 forcement or similar activity that is authorized by

23 the United Nations Security Council under chapter

24 VII of the Charter of the United Nations.
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1 (2) The term ‘‘United Nations peace oper2 ations’’ means any international peacekeeping,

3 peacemaking, peace enforcement, or similar activity

4 that is authorized by the United Nations Security

5 Council under chapter VI or VII of the Charter of

6 the United Nations.

7 SEC. 3. PLACEMENT OF UNITED STATES FORCES UNDER

8 UNITED NATIONS OPERATIONAL OR TAC9 TICAL CONTROL.

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

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

12 following new section:

13 ‘‘§ 405. Placement of United States forces under Unit14 ed Nations operational or tactical con15 trol: limitation

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

17 (b) and (c), funds appropriated or otherwise made avail18 able for the Department of Defense may not be obligated

19 or expended for activities of any element of the armed

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

21 is placed under United Nations operational or tactical con22 trol, as defined in subsection (f).

23 ‘‘(b) EXCEPTION FOR PRESIDENTIAL CERTIFI24 CATION.—(1) Subsection (a) shall not apply in the case

25 of a proposed placement of an element of the armed forces
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1 under United Nations operational or tactical control if the

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

3 such United Nations operational or tactical control is to

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

5 the requirements of subsection (d).

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

7 emergency exists that precludes the President from meet8 ing the requirements of subsection (d) 15 days before plac9 ing an element of the armed forces under United Nations

10 operational or tactical control, the President may place

11 such forces under such operational or tactical control and

12 meet the requirements of subsection (d) in a timely man13 ner, but in no event later than 48 hours after such oper14 ational or tactical control becomes effective.

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

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

17 element of the armed forces under United Nations oper18 ational or tactical control if Congress specifically author19 izes by law that particular placement of United States

20 forces under United Nations operational or tactical con21 trol.

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

23 proposed placement of any element of the armed forces

24 in an operation conducted by the North Atlantic Treaty

25 Organization.
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1 ‘‘(d) PRESIDENTIAL CERTIFICATIONS.—The require2 ments referred to in subsection (b)(1) are that the Presi3 dent submit to Congress the following:

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

5 the national security interests of the United States

6 to place any element of the armed forces under

7 United Nations operational or tactical control.

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

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

10 interests that would be advanced by the place11 ment of United States forces under United Na12 tions operation or tactical control.

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

14 forces involved.

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

16 the United States forces involved.

17 ‘‘(D) The precise command and control re18 lationship between the United States forces in19 volved and the United Nations command struc20 ture.

21 ‘‘(E) The precise command and control re22 lationship between the United States forces in23 volved and the commander of the United States

24 unified command for the region in which those

25 United States forces are to operate.
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1 ‘‘(F) The extent to which the United

2 States forces involved will rely on forces of

3 other countries for security and defense and an

4 assessment of the capability of those other

5 forces to provide adequate security to the Unit6 ed States forces involved.

7 ‘‘(G) The exit strategy for complete with8 drawal of the United States forces involved.

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

10 of any unit of the armed forces proposed for

11 placement under United Nations operational or

12 tactical control will at all times retain the

13 right—

14 ‘‘(i) to report independently to supe15 rior United States military authorities; and

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

17 judged by the commander to be illegal or

18 beyond the mandate of the mission to

19 which the United States agreed with the

20 United Nations, until such time as that

21 commander receives direction from supe22 rior United States military authorities with

23 respect to the orders that the commander

24 has declined to comply with.
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1 ‘‘(I) The extent to which the United States

2 will retain the authority to withdraw any ele3 ment of the armed forces from the proposed op4 eration at any time and to take any action it

5 considers necessary to protect those forces if

6 they are engaged.

7 ‘‘(J) The anticipated monthly incremental

8 cost to the United States of participation in the

9 United Nations operation by the United States

10 forces which are proposed to be placed under

11 United Nations operational or tactical control

12 and the percentage that such cost represents of

13 the total anticipated monthly incremental costs

14 of all nations expected to participate in such op15 eration.

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

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

18 if necessary, in classified form.

19 ‘‘(f) UNITED NATIONS OPERATIONAL OR TACTICAL

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

21 the Armed Forces shall be considered to be placed under

22 United Nations operational or tactical control if—

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

24 tactical control of an individual acting on behalf of

25 the United Nations for the purpose of international
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1 peacekeeping, peacemaking, peace-enforcing, or simi2 lar activity that is authorized by the Security Coun3 cil under chapter VI or VII of the Charter of the

4 United Nations; and

5 ‘‘(2) the senior military commander of the Unit6 ed Nations force or operation is a foreign national

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

8 United States military officer serving on active duty.

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

10 be construed—

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

12 element of the Armed Forces in any operation;

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

14 element of the Armed Forces under the command or

15 operational control of a foreign national; or

16 ‘‘(3) as superseding, negating, or otherwise af17 fecting the requirements of section 6 of the United

18 Nations Participation Act of 1945 (22 U.S.C.

19 287d).’’.

20 (2) The table of sections at the beginning of sub21 chapter I of such chapter is amended by adding at the

22 end the following new item:

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

tactical control: limitation.’’.

23 (b) EXCEPTION FOR ONGOING OPERATIONS IN MAC24 EDONIA AND CROATIA.—Section 405 of title 10, United
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1 States Code, as added by subsection (a), does not apply

2 in the case of activities of the Armed Forces that are car3 ried out—

4 (1) in Macedonia as part of the United Nations

5 force designated as the United Nations Preventive

6 Deployment Force (UNPREDEP) pursuant to Unit7 ed Nations Security Council Resolution 795, adopted

8 December 11, 1992, and Resolution 983, adopted

9 March 31, 1995, and subsequent reauthorization

10 Resolutions; or

11 (2) in Croatia as part of the United Nations

12 force designated as the United Nations Transitional

13 Administration for Eastern Slavonia, Baranja, and

14 Western Sirmium (UNTAES) pursuant to United

15 Nations Security Council Resolution 1037, adopted

16 January 15, 1996, and subsequent reauthorization

17 Resolutions.

18 SEC. 4. REQUIREMENT TO ENSURE THAT ALL MEMBERS

19 KNOW MISSION AND CHAIN OF COMMAND.

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

21 States Code, is amended by adding at the end the follow22 ing new section:
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1 ‘‘§656. Members required to be informed of mission

2 and chain of command

3 ‘‘The commander of any unit of the armed forces as4 signed to an operation shall ensure that each member of

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

6 of such operation and of that member’s chain of com7 mand.’’.

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

9 at the beginning of such chapter is amended by adding

10 at the end the following new item:

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

11 SEC. 5. PROHIBITION ON REQUIREMENT FOR MEMBERS OF

12 THE ARMED FORCES TO WEAR UNIFORM

13 ITEMS OF THE UNITED NATIONS.

14 (a) IN GENERAL.—Chapter 45 of title 10, United

15 States Code, is amended by adding at the end the follow16 ing new section:

17 ‘‘§ 777. Insignia of United Nations: prohibition on re18 quirement for wearing

19 ‘‘No member of the armed forces may be required to

20 wear as part of the uniform any badge, symbol, helmet,

21 headgear, or other visible indicia or insignia which indi22 cates (or tends to indicate) any allegiance or affiliation

23 to or with the United Nations except in a case in which

24 the wearing of such badge, symbol, helmet, headgear, indi-
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1 cia, or insignia is specifically authorized by law with re2 spect to a particular United Nations operation.’’.

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:

‘‘777. Insignia of United Nations: prohibition on requirement for wearing.’’.

Passed the House of Representatives September 5,

1996.

Attest: ROBIN H. CARLE,

Clerk.