[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1044 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1044

Terminating the United States arms embargo of the Government of Bosnia 
                            and Herzegovina.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                May 27 (legislative day, April 19), 1993

Mr. Dole (for himself, Mr. Lugar, Mr. Gorton, Mr. D'Amato, Mr. Wallop, 
 and Mr. Thurmond) introduced the following bill; which was read twice 
           and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
Terminating the United States arms embargo of the Government 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 1993''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) On July 10, 1991, the United States adopted a policy 
        suspending all licenses and other approvals to export or 
        otherwise transfer defense articles and defense services to 
        Yugoslavia.
            (2) On September 25, 1991, the United Nations Security 
        Council adopted Resolution 713, which imposed a mandatory 
        international embargo on all deliveries of weapons and military 
        equipment to Yugoslavia.
            (3) The United States considered the policy adopted July 
        10, 1991, to comply fully with Resolution 713 and therefore 
        took no additional action in response to that resolution.
            (4) On January 8, 1992, the United Nations Security Council 
        adopted Resolution 727, which decided that the mandatory arms 
        embargo imposed by Resolution 713 should apply to any 
        independent states that might thereafter emerge on the 
        territory of Yugoslavia.
            (5) On February 29 and March 1, 1992, the people of Bosnia 
        and Herzegovina voted in a referendum to declare independence 
        from Yugoslavia.
            (6) On April 7, 1992, the United States recognized the 
        Government of Bosnia and Herzegovina.
            (7) On May 22, 1992, the Government of Bosnia and 
        Herzegovina was admitted to full membership in the United 
        Nations.
            (8) Consistent with Resolution 727, the United States has 
        continued to apply the policy adopted July 10, 1991, to 
        independent states that have emerged on the territory of the 
        former Yugoslavia, including Bosnia and Herzegovina.
            (9) Subsequent to the adoption of Resolution 727 and Bosnia 
        and Herzegovina's independence referendum, the seige of 
        Sarajevo began and fighting spread to other areas of Bosnia and 
        Herzegovina.
            (10) The Government of Serbia intervened directly in the 
        fighting by providing significant military, financial, and 
        political support and direction to Serbian-allied irregular 
        forces in Bosnia and Herzegovina.
            (11) In statements dated May 1 and May 12, 1992, the 
        Conference on Security and Cooperation in Europe declared that 
        the Government of Serbia and the Serbian-controlled Yugoslav 
        National Army were committing aggression against the Government 
        of Bosnia and Herzegovina and assigned to them prime 
        responsibility for the escalation of bloodshed and destruction.
            (12) On May 30, 1992, the United Nations Security Council 
        adopted Resolution 757, which condemned the Government of 
        Serbia for its continued failure to respect the territorial 
        integrity of Bosnia and Herzegovina.
            (13) Serbian-allied irregular forces have, over the last 
        year, occupied approximately 70 percent of the territory of 
        Bosnia and Herzegovina, committed gross violations of human 
        rights in the areas they have occupied, and established a 
        secessionist government committed to eventual unification with 
        Serbia.
            (14) The military and other support and direction provided 
        to Serbian-allied irregular forces in Bosnia and Herzegovina 
        constitutes an armed attack on the Government of Bosnia and 
        Herzegovina by the Government of Serbia within the meaning of 
        Article 51 of the United Nations Charter.
            (15) Under Article 51, the Government of Bosnia and 
        Herzegovina, as a member of the United Nations, has an inherent 
        right of individual or collective self-defense against the 
        armed attack from the Government of Serbia until the United 
        Nations Security Council has taken measures necessary to 
        maintain international peace and security.
            (16) The measures taken by the United Nations Security 
        Council in response to the armed attack on Bosnia and 
        Herzegovina have not been adequate to maintain international 
        peace and security.
            (17) Bosnia and Herzegovina has been unable successfully to 
        resist the armed attack from Serbia because it lacks the means 
        to counter heavy weaponry that Serbia obtained from the 
        Yugoslav National Army upon the dissolution of Yugoslavia, and 
        because the mandatory international arms embargo has prevented 
        Bosnia and Herzegovina from obtaining from other countries the 
        means to counter such heavy weaponry.
            (18) On December 18, 1992, with the affirmative vote of the 
        United States, the United Nations General Assembly adopted 
        Resolution 47/121, which urged the United Nations Security 
        Council to exempt Bosnia and Herzegovina from the mandatory 
        arms embargo imposed by Resolution 713.
            (19) In the absence of adequate measures to maintain 
        international peace and security, continued application to the 
        Government of Bosnia and Herzegovina of the mandatory 
        international arms embargo imposed by the United Nations 
        Security Council prior to the armed attack on Bosnia and 
        Herzegovina undermines that government's right of individual or 
        collective self-defense and therefore contravenes Article 51 of 
        the United Nations Charter.
            (20) Bosnia and Herzegovina's right of self-defense under 
        Article 51 of the United Nations Charter includes the right to 
        ask for military assistance from other countries and to receive 
        such assistance if offered.

SEC. 3. UNITED STATES ARMS EMBARGO OF THE GOVERNMENT OF BOSNIA AND 
              HERZEGOVINA.

    (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 Fed. Reg. 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 routinely 
        denied for transfers of defense articles and defense services 
        to the former Yugoslavia.

SEC. 4. UNITED STATES MILITARY ASSISTANCE FOR BOSNIA AND HERZEGOVINA.

    (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 1994.
            (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 60 days after any exercise 
        of the authority of paragraph (1) and every 60 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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