[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2042 Engrossed in Senate (ES)]

103d CONGRESS

  2d Session

                                S. 2042

_______________________________________________________________________

                                 AN ACT

 To remove the United States arms embargo of the Government of Bosnia 
                            and Herzegovina.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  2d Session
                                S. 2042

_______________________________________________________________________

                                 AN ACT


 
 To remove 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. UNITED STATES ARMS EMBARGO OF THE GOVERNMENT OF BOSNIA AND 
              HERZEGOVINA.

    (a) Prohibition.--Neither the President nor any other member of the 
Executive Branch of the United States Government shall interfere with 
the transfer of arms to the Government of Bosnia and Herzegovina.
    (b) 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.
    (c) 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.
    (d) Nothing in this section shall be interpreted as authorization 
for deployment of United States forces in the territory of Bosnia and 
Herzegovina for any purpose, including training, support or delivery of 
military equipment.

SEC. 2. UNITED STATES ARMS EMBARGO OF THE GOVERNMENT OF BOSNIA AND 
              HERZEGOVINA.

    (a) Prohibition.--Neither the President nor any other member of the 
Executive Branch of the United States Government shall interfere with 
the transfer of conventional arms appropriate to the self-defense needs 
of the Government of Bosnia and Herzegovina.
    (b) 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.
    (c) 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.
    (d) Nothing in this section shall be interpreted as authorization 
for deployment of United States forces in the territory of Bosnia and 
Herzegovina for any purpose, including training, support or delivery of 
military equipment.

SEC. 3. APPROVE AND AUTHORIZE USE OF UNITED STATES AIRPOWER TO 
              IMPLEMENT NATO EXCLUSION ZONES.

    (a) Purpose.--To approve and authorize the use of United States 
airpower to implement the North Atlantic Treaty Organization (NATO) 
exclusion zones around United Nations designated safe areas in Bosnia 
and Herzegovina and to protect United Nations forces.
    (b) Findings.--The Congress makes the following findings:
            (1) the war in the Republic of Bosnia and Herzegovina has 
        claimed tens of thousands of lives and displaced more than two 
        million citizens;
            (2) the Senate supports as a policy objective a peace 
        settlement that provides for an economically, politically and 
        militarily viable Bosnian state, capable of exercising its 
        rights under the United Nations Charter;
            (3) United Nations Security Council Resolutions 836 and 844 
        call on member states, acting nationally or through regional 
        organizations, to take all necessary measures to deter attacks 
        against safe areas identified in Security Council resolution 
        824.
            (4) On February 9, 1994 the North Atlantic Council 
        authorized the use of air strikes to end the siege of Sarajevo 
        and on April 22, 1994 to end the siege of Gorazde and to 
        respond to attacks on the safe areas of Bihac, Srebrenica, 
        Tuzla or Zepa or to the threatening presence of heavy weapons 
        within a radius of 20 kilometers of those areas (within Bosnia 
        and Herzegovina);
            (5) The Congress in the fiscal year 1994 State Department 
        authorization bill expressed its sense that the President 
        should terminate the United States arms embargo on the 
        Government of Bosnia and Herzegovina.
    (c) Policy.--
            (1) The Senate authorizes and approves the decision by the 
        President to join with our NATO allies in implementing the 
        North Atlantic Council decisions--
                    (A) of June 10, 1993 to support and protect 
                UNPROFOR forces in and around United Nations designated 
                safe areas, and
                    (B) of February 9, 1994 to use NATO's airpower in 
                the Sarajevo region of Bosnia and Herzegovina, and
                    (C) of April 22, 1994 to authorize CINCSOUTH to 
                conduct air strikes against Bosnian Serb heavy weapons 
                and other military targets within a 20 kilometers 
                radius of the center of Gorazde, and Bihac, Srebrenica, 
                Tuzla or Zepa (within the territory of Bosnia and 
                Herzegovina) if these safe areas are attacked or 
                threatened by Bosnian Serb heavy weapons.
            (2) The Congress favors the termination of the arms embargo 
        against the Government of Bosnia and Herzegovina. The President 
        shall seek immediately the agreement of NATO allies to 
        terminate the international arms embargo on the Government of 
        Bosnia and Herzegovina. In accordance with Administration 
        policy following such consultations the President or his 
        representative shall promptly propose or support a resolution 
        in the United Nations Security Council to terminate the 
        international arms embargo on Bosnia and Herzegovina. If the 
        Security Council fails to pass such a resolution the President 
        shall within 5 days consult with Congress regarding unilateral 
        termination of the arms embargo on the Government of Bosnia and 
        Herzegovina. Upon termination of the international embargo the 
        President shall ensure that, subject to the regular 
        notification procedures of the appropriate congressional 
        committees, appropriate military assistance be provided 
        expeditiously to Bosnia and Herzegovina upon receipt from that 
        government of such a request in exercising its right of self-
        defense.
            (3) Unless previously authorized by the Congress no United 
        States ground combat forces should be deployed in Bosnia and 
        Herzegovina. Any request by the President for such 
        authorization should include:
                    (A) an explanation of the United States interests 
                involved in such commitments or actions;
                    (B) the specific objectives of the commitments or 
                actions;
                    (C) the likely duration of the operation;
                    (D) the size, composition, command and control 
                arrangements, rules of engagement, contributions of 
                allied nations, and other details of the force needed 
                to meet the objectives;
                    (E) specific measurements of success, particularly 
                the end point of the United States involvement, and 
                what follow-on security arrangements would be needed; 
                and
                    (F) an estimate of financial costs, including 
                burdensharing arrangements, and non-financial costs as 
                can be determined.
            (4) Nothing in this legislation restricts the prerogative 
        of Congress to review the arms embargo on Bosnia and 
        Herzegovina.

            Passed the Senate May 12 (legislative day, May 2), 1994.

            Attest:






                                                             Secretary.