[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1157 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1157

To authorize the establishment of a Multilateral Bosnia and Herzegovina 
                           Self-Defense Fund.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 10 (legislative day, July 10), 1995

   Mr. Helms (for himself, Mr. Dole, Mr. Lieberman, and Mr. McCain) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To authorize the establishment of a Multilateral Bosnia and Herzegovina 
                           Self-Defense Fund.
    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 ``Multilateral Bosnia and Herzegovina 
Self-Defense Fund Act''.

SEC. 2. BOSNIA AND HERZEGOVINA SELF-DEFENSE FUND.

    (a) Authority for Establishment.--(1) Subject to the other 
provisions of this section, the President is authorized to enter into 
an international agreement with eligible countries for the 
establishment of a fund to assist the self-defense of Bosnia and 
Herzegovina, which may be known as the ``Multilateral Bosnia and 
Herzegovina Self-Defense Fund''.
    (2) The Secretary of State is authorized--
            (A) to pay the United States contribution to the Fund out 
        of amounts made available pursuant to section 3; and
            (B) to transfer to the custody of the international board 
        having responsibility for the Fund military equipment that has 
        been drawn down in accordance with section 4.
    (b) Purpose.--The purpose of the Fund shall be to provide an 
international mechanism for the procurement of military equipment and 
training for transfer to the Government of Bosnia and Herzegovina for 
the exercise of its right to self defense under Article 51 of the 
United Nations Charter, and to facilitate the achievement of a just and 
equitable peace settlement by enabling the Government of Bosnia and 
Herzegovina to protect its population and territory.
    (c) Requirements.--An agreement referred to in subsection (a) shall 
meet the following requirements:
            (1) United states representation.--The United States will 
        chair any international board having responsibility for the 
        Fund.
            (2) Membership of the international board.--Membership of 
        any international board having responsibility for the Fund will 
        include, at a minimum, one representative of the Government of 
        Bosnia and Herzegovina and one representative from the 
        Government of Croatia.
            (3) Control of military equipment.--The agreement will 
        provide procedures for the control of military equipment 
        received by the international board having responsibility for 
        the Fund.
            (4) Commitment by the government of bosnia and 
        herzegovina.--Before any military equipment or training 
        purchased or otherwise acquired through the Fund, or held by 
        the international board responsible for the Fund, may be 
        transferred to the Government of Bosnia and Herzegovina that 
        Government will provide written assurances that the equipment 
        or training will not be used to take reprisals against any 
        civilians in Bosnia and Herzegovina.
            (5) Implementation.--No military equipment or training 
        purchased or otherwise acquired through the Fund, or held by 
        the international board responsible for the Fund, will be 
        transferred to the Government of Bosnia and Herzegovina before 
        the date of termination of the United States arms embargo 
        against the Government of Bosnia and Herzegovina if such a 
        transfer would violate the embargo.
    (d) Definitions.--As used in this section:
            (1) Eligible countries.--The term ``eligible countries'' 
        includes any foreign country other than a country the 
        government of which the Secretary of State has determined, in 
        accordance with section 6(j)(1)(A) of the Export Administration 
        Act of 1979, repeatedly provides support for acts of 
        international terrorism.
            (2) Fund.--The term ``Fund'' means the fund established as 
        provided in section 2(a).
            (3) Government of bosnia and herzegovina.--The term 
        ``Government of Bosnia and Herzegovina'' includes any agency, 
        instrumentality, or forces of the Government of Bosnia and 
        Herzegovina.
            (4) United states arms embargo of the government of bosnia 
        and herzegovina.--The term ``United States arms embargo of the 
        Government of Bosnia and Herzegovina means the application to 
        the Government of Bosnia and Herzegovina of--
                    (A) the policy adopted July 10, 1991, and published 
                in the Federal Register of July 19, 1991 (58 FR 33322) 
                under the heading ``Suspension of Munitions Export 
                Licenses to Yugoslavia''; and
                    (B) any similar policy being applied by the United 
                States Government as of the date of completion of 
                withdrawal of UNPROFOR personnel from Bosnia and 
                Herzegovina, pursuant to which approval is denied for 
                transfers of defense articles and defense services to 
                the former Yugoslavia.

SEC. 3. UNITED STATES CONTRIBUTION TO THE FUND.

    Of the amounts made available for fiscal year 1996 to carry out the 
Foreign Military Financing Program under section 23 of the Arms Export 
Control Act, $50,000,000 shall be available only for payment to the 
Fund of the United States contribution authorized by section 
2(a)(2)(A).

SEC. 4. DRAW DOWN AUTHORITY.

    (a) Authority.--The President is authorized to transfer, subject to 
the regular notification procedures of the Committees on Appropriations 
of the House and the Senate, to the custody of the international board 
having responsibility for the Fund, without reimbursement, defense 
articles from the stocks of the Department of Defense and defense 
services of the Department of Defense of an aggregate value not to 
exceed $50,000,000 in fiscal year 1996.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the President such sums as may be necessary to 
reimburse the applicable appropriation, fund, or account for defense 
articles provided under this section.

SEC. 5. REPORT.

    Sixty days after the date of enactment of this Act, the President 
shall submit a report to the Committee on Foreign Relations of the 
Senate and the Speaker of the House of Representatives on what steps 
the President and the Secretary of State have taken to carry out 
section 2(a).

SEC. 6. STATUTORY CONSTRUCTION.

    Nothing in this Act 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.
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