[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4290 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4290

       Providing for the self-defense of Bosnia and Herzegovina.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 1994

   Mr. Gilman (for himself, Mr. Hyde, Mr. Dornan, and Mr. Gingrich) 
 introduced the following bill; which was referred to the Committee on 
                            Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
       Providing for the self-defense of Bosnia and Herzegovina.

    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 ``Bosnia and Herzegovina Self-Defense 
Act of 1994''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) For the reasons stated in the conference report on the 
        Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 
        (H.R. 2333), the Congress has found that continued application 
        of an international arms embargo to the Government of Bosnia 
        and Herzegovina contravenes that Government's inherent right of 
        individual or collective self-defense under Article 51 of the 
        United Nations Charter and therefore is inconsistent with 
        international law.
            (2) Before deploying United States Armed Forces to defend 
        the territorial integrity and political independence of Bosnia 
        and Herzegovina, or to enforce United Nations mandates in 
        Bosnia and Herzegovina, the United States should seek to 
        provide the Government of Bosnia and Herzegovina with the means 
        necessary to exercise its inherent right of self-defense.

SEC. 3. TERMINATION OF ARMS EMBARGO.

    (a) Termination.--The President shall terminate the United States 
arms embargo of the Government of Bosnia and Herzegovina upon receipt 
from that Government of a request for assistance in exercising its 
right of self-defense under Article 51 of the United Nations Charter.
    (b) Definition.--As used in this section, the term ``United States 
arms embargo of the Government of Bosnia and Herzegovina'' means the 
application to the Government of Bosnia and Herzegovina of--
            (1) the policy adopted July 10, 1991, and published in the 
        Federal Register of July 19, 1991 (58 F.R. 33322) under the 
        heading ``Suspension of Munitions Export Licenses to 
        Yugoslavia''; and
            (2) any similar policy being applied by the United States 
        Government as of the date of receipt of the request described 
        in subsection (a) pursuant to which approval is denied for 
        transfers of defense articles and defense services to the 
        former Yugoslavia.

SEC. 4. PROVISION OF UNITED STATES MILITARY ASSISTANCE.

    (a) Policy.--The President should provide appropriate military 
assistance to the Government of Bosnia and Herzegovina upon receipt 
from that Government of a request for assistance in exercising its 
right of self-defense under Article 51 of the United Nations Charter.
    (b) Authorization of Military Assistance.--
            (1) Drawdown authority.--If the Government of Bosnia and 
        Herzegovina requests United States assistance in exercising its 
        right of self-defense under Article 51 of the United Nations 
        Charter, the President is authorized to direct the drawdown of 
        defense articles from the stocks of the Department of Defense, 
        defense services of the Department of Defense, and military 
        education and training in order to provide assistance to the 
        Government of Bosnia and Herzegovina. Such assistance shall be 
        provided on such terms and conditions as the President may 
        determine.
            (2) Limitation on value of transfers.--The aggregate value 
        (as defined in section 664(m) of the Foreign Assistance Act of 
        1961) of defense articles, defense services, and military 
        education and training provided under this subsection may not 
        exceed $200,000,000.
            (3) Expiration of authorization.--The authority provided to 
        the President in paragraph (1) expires at the end of fiscal 
        year 1995.
            (4) Limitation on activities.--Members of the United States 
        Armed Forces who perform defense services or provide military 
        education and training outside the United States under this 
        subsection may not perform any duties of a combatant nature, 
        including any duties related to training and advising that may 
        engage them in combat activities.
            (5) Reports to congress.--Within sixty days after any 
        exercise of the authority of paragraph (1) and every sixty days 
        thereafter, the President shall report in writing to the 
        Speaker of the House of Representatives and the President pro 
        tempore of the Senate concerning the defense articles, defense 
        services, and military education and training being provided 
        and the use made of such articles, services, and education and 
        training.
            (6) Reimbursement.--(A) Defense articles, defense services, 
        and military education and training provided under this 
        subsection shall be made available without reimbursement to the 
        Department of Defense except to the extent that funds are 
        appropriated pursuant to subparagraph (B).
            (B) There are authorized to be appropriated to the 
        President such sums as may be necessary to reimburse the 
        applicable appropriation, fund, or account for the value (as 
        defined in section 664(m) of the Foreign Assistance Act of 
        1961) of defense articles, defense services, or military 
        education and training provided under this subsection.

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