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 place-
ment of United States forces under United Nations oper-
ational or tactical control, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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 con-
trol of United States forces only, while operational
control has been ceded to United Nations command-
ers, some of whom were foreign nationals.
(5) The experience of United States forces par-
ticipating in combined United States-United Nations
operations in Somalia, and in combined United Na-
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tions-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 com-
mand and control arrangements.
(6) Despite the many deficiencies in the con-
duct of United Nations peace operations, there may
be unique occasions when it is in the national secu-
rity 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 deploy-
ment 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 oper-
ation 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, ex-
tend, or revise the mandate for any such activity;
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(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 inter-
est to do so;
(5) United States combat forces should be
under the operational control of qualified command-
ers 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 enforce-
ment operations except in the most extraordinary
circumstances.
(c) DEFINITIONS.—For purposes of subsections (a)
and (b):
(1) The term ‘‘United Nations peace enforce-
ment operations’’ means any international peace en-
forcement or similar activity that is authorized by
the United Nations Security Council under chapter
VII of the Charter of the United Nations.
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(2) The term ‘‘United Nations peace oper-
ations’’ 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 TAC-
TICAL CONTROL.
(a) IN GENERAL.—(1) Chapter 20 of title 10, United
States Code, is amended by inserting after section 404 the
following new section:
‘‘§ 405. Placement of United States forces under Unit-
ed Nations operational or tactical con-
trol: limitation
‘‘(a) LIMITATION.—Except as provided in subsections
(b) and (c), funds appropriated or otherwise made avail-
able 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 con-
trol, as defined in subsection (f).
‘‘(b) EXCEPTION
FOR
PRESIDENTIAL
CERTIFI-
CATION.—(1) Subsection (a) shall not apply in the case
of a proposed placement of an element of the armed forces
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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 meet-
ing the requirements of subsection (d) 15 days before plac-
ing 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 man-
ner, but in no event later than 48 hours after such oper-
ational 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 oper-
ational or tactical control if Congress specifically author-
izes by law that particular placement of United States
forces under United Nations operational or tactical con-
trol.
‘‘(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.
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‘‘(d) PRESIDENTIAL CERTIFICATIONS.—The require-
ments referred to in subsection (b)(1) are that the Presi-
dent 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 place-
ment of United States forces under United Na-
tions 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 re-
lationship between the United States forces in-
volved and the United Nations command struc-
ture.
‘‘(E) The precise command and control re-
lationship between the United States forces in-
volved and the commander of the United States
unified command for the region in which those
United States forces are to operate.
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‘‘(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 Unit-
ed States forces involved.
‘‘(G) The exit strategy for complete with-
drawal 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 supe-
rior 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 supe-
rior United States military authorities with
respect to the orders that the commander
has declined to comply with.
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‘‘(I) The extent to which the United States
will retain the authority to withdraw any ele-
ment of the armed forces from the proposed op-
eration 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 op-
eration.
‘‘(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
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peacekeeping, peacemaking, peace-enforcing, or simi-
lar activity that is authorized by the Security Coun-
cil under chapter VI or VII of the Charter of the
United Nations; and
‘‘(2) the senior military commander of the Unit-
ed 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 af-
fecting 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 sub-
chapter 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 MAC-
EDONIA AND CROATIA.—Section 405 of title 10, United
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States Code, as added by subsection (a), does not apply
in the case of activities of the Armed Forces that are car-
ried out—
(1) in Macedonia as part of the United Nations
force designated as the United Nations Preventive
Deployment Force (UNPREDEP) pursuant to Unit-
ed 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 follow-
ing new section:
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‘‘§656. Members required to be informed of mission
and chain of command
‘‘The commander of any unit of the armed forces as-
signed 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 com-
mand.’’.
(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 follow-
ing new section:
‘‘§ 777. Insignia of United Nations: prohibition on re-
quirement 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 indi-
cates (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, indi-
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cia, or insignia is specifically authorized by law with re-
spect 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.