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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3308 Referred in Senate (RFS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Armed Forces 
Protection Act of 1996''.

SEC. 2. FINDINGS AND CONGRESSIONAL POLICY.

    (a) Findings.--Congress finds as follows:
            (1) The President has made United Nations peace operations 
        a major component of the foreign and security policies of the 
        United States.
            (2) The President has committed United States military 
        personnel under United Nations operational control to missions 
        in Haiti, Croatia, and Macedonia that could endanger those 
        personnel.
            (3) The President has deployed over 22,000 United States 
        military personnel to the former Yugoslavia as peacekeepers 
        under NATO operational control to implement the Dayton Peace 
        Accord of December 1995.
            (4) Although the President has insisted that he will retain 
        command of United States forces at all times, in the past this 
        has meant administrative control of United States forces only, 
        while operational control has been ceded to United Nations 
        commanders, some of whom were foreign nationals.
            (5) The experience of United States forces participating in 
        combined United States-United Nations operations in Somalia, 
        and in combined United Nations-NATO operations in the former 
        Yugoslavia, demonstrate that prerequisites for effective 
        military operations such as unity of command and clarity of 
        mission have not been met by United Nations command and control 
        arrangements.
            (6) Despite the many deficiencies in the conduct of United 
        Nations peace operations, there may be unique occasions when it 
        is in the national security interests of the United States to 
        participate in such operations.
    (b) Policy.--It is the sense of Congress that--
            (1) the President should fully comply with all applicable 
        provisions of law governing the deployment of the Armed Forces 
        of the United States to United Nations peacekeeping operations;
            (2) the President should consult closely with Congress 
        regarding any United Nations peace operation that could involve 
        United States combat forces and that such consultations should 
        continue throughout the duration of such activities;
            (3) the President should consult with Congress before a 
        vote within the United Nations Security Council on any 
        resolution which would authorize, extend, or revise the mandate 
        for any such activity;
            (4) in view of the complexity of United Nations peace 
        operations and the difficulty of achieving unity of command and 
        expeditious decisionmaking, the United States should 
        participate in such operations only when it is clearly in the 
national security interest to do so;
            (5) United States combat forces should be under the 
        operational control of qualified commanders and should have 
        clear and effective command and control arrangements and rules 
        of engagement (which do not restrict their self-defense in any 
        way) and clear and unambiguous mission statements; and
            (6) none of the Armed Forces of the United States should be 
        under the operational control of foreign nationals in United 
        Nations peace enforcement operations except in the most 
        extraordinary circumstances.
    (c) Definitions.--For purposes of subsections (a) and (b):
            (1) The term ``United Nations peace enforcement 
        operations'' means any international peace enforcement or 
        similar activity that is authorized by the United Nations 
        Security Council under chapter VII of the Charter of the United 
        Nations.
            (2) The term ``United Nations peace operations'' means any 
        international peacekeeping, peacemaking, peace enforcement, or 
        similar activity that is authorized by the United Nations 
        Security Council under chapter VI or VII of the Charter of the 
        United Nations.

SEC. 3. PLACEMENT OF UNITED STATES FORCES UNDER UNITED NATIONS 
              OPERATIONAL OR TACTICAL CONTROL.

    (a) In General.--(1) Chapter 20 of title 10, United States Code, is 
amended by inserting after section 404 the following new section:
``Sec. 405. Placement of United States forces under United Nations 
              operational or tactical control: limitation
    ``(a) Limitation.--Except as provided in subsections (b) and (c), 
funds appropriated or otherwise made available for the Department of 
Defense may not be obligated or expended for activities of any element 
of the armed forces that after the date of the enactment of this 
section is placed under United Nations operational or tactical control, 
as defined in subsection (f).
    ``(b) Exception for Presidential Certification.--(1) Subsection (a) 
shall not apply in the case of a proposed placement of an element of 
the armed forces under United Nations operational or tactical control 
if the President, not less than 15 days before the date on which such 
United Nations operational or tactical control is to become effective 
(or as provided in paragraph (2)), meets the requirements of subsection 
(d).
    ``(2) If the President certifies to Congress that an emergency 
exists that precludes the President from meeting the requirements of 
subsection (d) 15 days before placing an element of the armed forces 
under United Nations operational or tactical control, the President may 
place such forces under such operational or tactical control and meet 
the requirements of subsection (d) in a timely manner, but in no event 
later than 48 hours after such operational or tactical control becomes 
effective.
    ``(c) Additional Exceptions.--(1) Subsection (a) shall not apply in 
the case of a proposed placement of any element of the armed forces 
under United Nations operational or tactical control if Congress 
specifically authorizes by law that particular placement of United 
States forces under United Nations operational or tactical control.
    ``(2) Subsection (a) shall not apply in the case of a proposed 
placement of any element of the armed forces in an operation conducted 
by the North Atlantic Treaty Organization.
    ``(d) Presidential Certifications.--The requirements referred to in 
subsection (b)(1) are that the President submit to Congress the 
following:
            ``(1) Certification by the President that it is in the 
        national security interests of the United States to place any 
        element of the armed forces under United Nations operational or 
        tactical control.
            ``(2) A report setting forth the following:
                    ``(A) A description of the national security 
                interests that would be advanced by the placement of 
                United States forces under United Nations operation or 
                tactical control.
                    ``(B) The mission of the United States forces 
                involved.
                    ``(C) The expected size and composition of the 
                United States forces involved.
                    ``(D) The precise command and control relationship 
                between the United States forces involved and the 
                United Nations command structure.
                    ``(E) The precise command and control relationship 
                between the United States forces involved and the 
                commander of the United States unified command for the 
                region in which those United States forces are to 
                operate.
                    ``(F) The extent to which the United States forces 
                involved will rely on forces of other countries for 
                security and defense and an assessment of the 
capability of those other forces to provide adequate security to the 
United States forces involved.
                    ``(G) The exit strategy for complete withdrawal of 
                the United States forces involved.
                    ``(H) The extent to which the commander of any unit 
                of the armed forces proposed for placement under United 
                Nations operational or tactical control will at all 
                times retain the right--
                            ``(i) to report independently to superior 
                        United States military authorities; and
                            ``(ii) to decline to comply with orders 
                        judged by the commander to be illegal or beyond 
                        the mandate of the mission to which the United 
                        States agreed with the United Nations, until 
                        such time as that commander receives direction 
                        from superior United States military 
                        authorities with respect to the orders that the 
                        commander has declined to comply with.
                    ``(I) The extent to which the United States will 
                retain the authority to withdraw any element of the 
                armed forces from the proposed operation at any time 
                and to take any action it considers necessary to 
                protect those forces if they are engaged.
                    ``(J) The anticipated monthly incremental cost to 
                the United States of participation in the United 
                Nations operation by the United States forces which are 
                proposed to be placed under United Nations operational 
                or tactical control and the percentage that such cost 
                represents of the total anticipated monthly incremental 
                costs of all nations expected to participate in such 
                operation.
    ``(e) Classification of Report.--A report under subsection (d) 
shall be submitted in unclassified form and, if necessary, in 
classified form.
    ``(f) United Nations Operational or Tactical Control.--For purposes 
of this section, an element of the Armed Forces shall be considered to 
be placed under United Nations operational or tactical control if--
            ``(1) that element is under the operational or tactical 
        control of an individual acting on behalf of the United Nations 
        for the purpose of international peacekeeping, peacemaking, 
        peace-enforcing, or similar activity that is authorized by the 
        Security Council under chapter VI or VII of the Charter of the 
        United Nations; and
            ``(2) the senior military commander of the United Nations 
        force or operation is a foreign national or is a citizen of the 
        United States who is not a United States military officer 
        serving on active duty.
    ``(g) Interpretation.--Nothing in this section may be construed--
            ``(1) as authority for the President to use any element of 
        the Armed Forces in any operation;
            ``(2) as authority for the President to place any element 
        of the Armed Forces under the command or operational control of 
        a foreign national; or
            ``(3) as superseding, negating, or otherwise affecting the 
        requirements of section 6 of the United Nations Participation 
        Act of 1945 (22 U.S.C. 287d).''.
    (2) The table of sections at the beginning of subchapter I of such 
chapter is amended by adding at the end the following new item:

``405. Placement of United States forces under United Nations 
                            operational or tactical control: 
                            limitation.''.
    (b) Exception for Ongoing Operations in Macedonia and Croatia.--
Section 405 of title 10, United States Code, as added by subsection 
(a), does not apply in the case of activities of the Armed Forces that 
are carried out--
            (1) in Macedonia as part of the United Nations force 
        designated as the United Nations Preventive Deployment Force 
        (UNPREDEP) pursuant to United Nations Security Council 
        Resolution 795, adopted December 11, 1992, and Resolution 983, 
        adopted March 31, 1995, and subsequent reauthorization 
        Resolutions; or
            (2) in Croatia as part of the United Nations force 
        designated as the United Nations Transitional Administration 
        for Eastern Slavonia, Baranja, and Western Sirmium (UNTAES) 
        pursuant to United Nations Security Council Resolution 1037, 
        adopted January 15, 1996, and subsequent reauthorization 
        Resolutions.

SEC. 4. REQUIREMENT TO ENSURE THAT ALL MEMBERS KNOW MISSION AND CHAIN 
              OF COMMAND.

    (a) In General.--Chapter 37 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 656. Members required to be informed of mission and chain of 
              command
    ``The commander of any unit of the armed forces assigned to an 
operation shall ensure that each member of such unit is fully informed 
of that unit's mission as part of such operation and of that member's 
chain of command.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``656. Members required to be informed of mission and chain of 
                            command.''.

SEC. 5. PROHIBITION ON REQUIREMENT FOR MEMBERS OF THE ARMED FORCES TO 
              WEAR UNIFORM ITEMS OF THE UNITED NATIONS.

    (a) In General.--Chapter 45 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 777. Insignia of United Nations: prohibition on requirement for 
              wearing
    ``No member of the armed forces may be required to wear as part of 
the uniform any badge, symbol, helmet, headgear, or other visible 
indicia or insignia which indicates (or tends to indicate) any 
allegiance or affiliation to or with the United Nations except in a 
case in which the wearing of such badge, symbol, helmet, headgear, 
indicia, or insignia is specifically authorized by law with respect to 
a particular United Nations operation.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding 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.
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