< Back to H.R. 3308 (104th Congress, 1995–1996)

Text of the United States Armed Forces Protection Act of 1996

This bill was introduced in a previous session of Congress and was passed by the House on September 5, 1996 but was never passed by the Senate. The text of the bill below is as of Sep 6, 1996 (Referred to Senate Committee).

Source: GPO

HR 3308 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:

‘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.