text: 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.
target: United States Armed Forces Protection Act of 1996 - States certain congressional findings and policy concerning the placement of U.S. armed forces under United Nations (UN) operational or tactical control. Prohibits Department of Defense funds from being obligated or expended for activities of any element of the armed forces that is placed under UN operational or tactical control, unless:  (1) the President, at least 15 days before UN control is to become effective (or not later than 48 hours afterwards in an emergency), certifies to the Congress that such action is in the national security interests; or (2) such placement is specifically authorized by law or is part of a North Atlantic Treaty Organization operation. Specifies information to be submitted with the President's certification, including:  (1) information on the national security interests to be advanced; (2) the mission, size, and composition of the U.S. forces involved; (3) the command and control relationship of the U.S. forces with the UN command structure and with the U.S.  unified command for the region; (4) the exit strategy for, and withdrawal authority of, U.S. forces; and (5) the anticipated monthly incremental cost of U.S. participation and the percentage that such cost represents of the total anticipated monthly incremental costs of all nations expected to participate in the operation. Provides that this Act shall not apply to activities of the armed forces carried out as part of specified ongoing activities of the UN Preventive Deployment Force in Macedonia or the UN Transitional Administration for Eastern Slavonia, Baranja, and Western Sirmium in Croatia. Requires that members of the armed forces be informed of their unit's mission and their chain of command in any operation to which their unit is assigned. Prohibits U.S. military personnel from being required to wear UN insignia except when such insignia is specifically authorized by law with respect to a particular UN operation.
feat_title: United States Armed Forces Protection Act of 1996