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-
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;
(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.
(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
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.
‘‘(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.