[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 44 Considered and Passed Senate (CPS)]







104th CONGRESS
  1st Session
S. J. RES. 44


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 29, 1995

  Mr. Dole (for himself, Mr. McCain, Mr. Daschle, Mr. Lieberman, Mr. 
Moynihan, Mrs. Feinstein, and Mr. Exon) introduced the following joint 
resolution; which was read twice, considered, read the third time, and 
                                 passed

_______________________________________________________________________

                            JOINT RESOLUTION


 
 Concerning the Deployment of United States Armed Forces in Bosnia and 
                              Herzegovina.

Whereas beginning on February 24, 1993, President Clinton committed the United 
        States to participate in implementing a peace agreement in Bosnia and 
        Herzegovina without prior consultation with Congress;
Whereas the Republic of Bosnia and Herzegovina has been unjustly denied the 
        means to defend itself through the imposition of a United Nations arms 
        embargo;
Whereas the United Nations Charter restates ``the inherent right of individual 
        and collective self-defense'', a right denied the Republic of Bosnia and 
        Herzegovina whose population has further suffered egregious violations 
        of the international law of war including ethnic cleansing by Serbian 
        aggressors, and the Convention on Prevention and Punishment of the Crime 
        of Genocide, to which the United States Senate gave its advice and 
        consent in 1986;
Whereas the United States Congress has repeatedly voted to end the United States 
        participation in the international arms embargo on the Republic of 
        Bosnia and Herzegovina as the best way to achieve a military balance and 
        a just and stable peace without the deployment of United States Armed 
        Forces in Bosnia and Herzegovina;
Whereas the Republic of Bosnia and Herzegovina, the Republic of Croatia, and the 
        Federal Republic of Yugoslavia initialed the General Framework Agreement 
        and Associated Annexes on November 21, 1995 in Dayton, Ohio, after 
        repeated assurances that the United States would send troops to assist 
        in implementing that agreement;
Whereas three dedicated American diplomats--Bob Frasure, Joe Kruzel, and Nelson 
        Drew--lost their lives in the American-led diplomatic effort which 
        culminated in the General Framework Agreement;
Whereas as part of the negotiations which led to the General Framework 
        Agreement, the United States has made a commitment to ensure that the 
        Federation of Bosnia and Herzegovina is armed and trained to provide for 
        its own defense, and that commitment should be honored;
Whereas the mission of the NATO Implementation Force is to create a secure 
        environment to provide Bosnia and Herzegovina an opportunity to begin to 
        establish a durable peace, which requires the Federation of Bosnia and 
        Herzegovina to be able to provide for its own defense;
Whereas the objective of the United States in deploying United States Armed 
        Forces to Bosnia and Herzegovina can only be successful if the 
        Federation of Bosnia and Herzegovina is armed and trained to provide for 
        its own defense after the withdrawal of the NATO Implementation Force 
        and the United States Armed Forces;
Whereas in deciding to participate in implementation of the General Framework 
        Agreement in Bosnia and Herzegovina, President Clinton has cited 
        American interests including maintaining its leadership in NATO, 
        preventing the spread of the conflict, stopping the tragic loss of life, 
        and fulfilling American commitments; and
Whereas on December 3, 1995, President Clinton approved Operation Joint Endeavor 
        and deployment of United States Armed Forces to Bosnia and Herzegovina 
        began immediately thereafter: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. SUPPORT FOR UNITED STATES ARMED FORCES.

    The Congress unequivocally supports the men and women of our Armed 
Forces who are carrying out their missions in support of peace in 
Bosnia and Herzegovina with professional excellence, dedicated 
patriotism and exemplary bravery, and believes they must be given all 
necessary resources and support to carry out their mission and ensure 
their security.

SEC. 2. DEPLOYMENT OF UNITED STATES ARMED FORCES.

    (a) Limitation.--Notwithstanding reservations expressed about 
President Clinton's decision to deploy United States Armed Forces to 
Bosnia and Herzegovina and recognizing that--
            (1) the President has decided to deploy United States Armed 
        Forces to implement the General Framework Agreement in 
        Operation Joint Endeavor citing American interests in 
        preventing the spread of conflict, maintaining its leadership 
        in NATO, stopping the tragic loss of life, and fulfilling 
        American commitments;
            (2) the deployment of United States Armed Forces has begun; 
        and
            (3) preserving United States credibility is a strategic 
        interest,
the President may only fulfill his commitment to deploy United States 
Armed Forces in Bosnia and Herzegovina for approximately one year to 
implement the General Framework Agreement and Military Annex, pursuant 
to this resolution, subject to the conditions in subsection (b).
    (b) Requirement for Determination.--Before acting pursuant to this 
resolution, the President shall make available to the Speaker of the 
House of Representatives and the President pro tempore of the Senate, 
his determination that--
            (1) the mission of the NATO Implementation Force and United 
        States Armed Forces deployed in Bosnia and Herzegovina will be 
        limited to implementation of the military provisions of the 
        Military Annex to the General Framework Agreement and measures 
        deemed necessary to protect the safety of the NATO 
        Implementation Force and United States Armed Forces;
            (2) an integral part of the successful accomplishment of 
        the United States objective in Bosnia and Herzegovina in 
        deploying and withdrawing United States Armed Forces is the 
        establishment of a military balance which enables the 
        Federation of Bosnia and Herzegovina to provide for its own 
        defense without depending on United States or other outside 
        forces; and
            (3) the United States will lead an immediate international 
        effort, separate and apart from the NATO Implementation Force 
        and consistent with United Nations Security Council Resolution 
        1021 and the General Framework Agreement and Associated 
        Annexes, to provide equipment, arms, training and related 
        logistics assistance of the highest possible quality to ensure 
        the Federation of Bosnia and Herzegovina can provide for its 
        own defense, including, as necessary, using existing military 
        drawdown authorities and requesting such additional authority 
        as may be necessary.

SEC. 3. REPORT ON EFFORTS TO ENABLE THE FEDERATION OF BOSNIA AND 
              HERZEGOVINA TO PROVIDE FOR ITS OWN DEFENSE.

    (a) Within 30 days after enactment, the President shall submit a 
detailed report on his plan to assist the Federation of Bosnia to 
provide for its own defense, including the role of the United States 
and other countries in providing such assistance. Such report shall 
include an evaluation of the defense needs of the Federation of Bosnia 
and Herzegovina, including, to the maximum extent possible--
            (1) the types and quantities of arms, spare parts, and 
        logistics support required to establish a stable military 
        balance prior to the withdrawal of United States Armed Forces;
            (2) the nature and scope of training to be provided;
            (3) a detailed description of the past, present and future 
        United States role in ensuring that the Federation of Bosnia 
        and Herzegovina is provided as rapidly as possible with 
        equipment, training, arms and related logistic assistance of 
        the highest possible quality;
            (4) administration plans to use existing military drawdown 
        authority, and other assistance authorities pursuant to section 
        2(b)(3); and
            (5) specific or anticipated commitments by third countries 
        to provide arms, equipment or training to the Federation of 
        Bosnia and Herzegovina.
    (b) The report shall be submitted in unclassified form, but may 
contain a classified annex.

SEC. 4. REPORTS TO CONGRESS ON MILITARY ASPECTS OF IMPLEMENTATION OF 
              THE GENERAL FRAMEWORK AGREEMENT.

    (a) Thirty days after enactment, and at least once every 60 days 
thereafter, the President shall submit to the Congress a report on the 
status of the deployment of United States Armed Forces in Bosnia and 
Herzegovina, including a detailed description of--
            (1) criteria for determining success for the deployment;
            (2) the military mission and objectives;
            (3) milestones for measuring progress in achieving the 
        mission and objectives;
            (4) command arrangements for United States Armed Forces;
            (5) the rules of engagement for United States Armed Forces;
            (6) the multilateral composition of forces in Bosnia and 
        Herzegovina;
            (7) the status of compliance by all parties with the 
        General Framework Agreement and Associated Annexes, including 
        Article III of Annex 1-A concerning the withdrawal of foreign 
        forces from Bosnia and Herzegovina;
            (8) all incremental costs of the Department of Defense and 
        any costs incurred by other Federal agencies, for the 
        deployment of United States Armed Forces in Bosnia and 
        Herzegovina, including support for the NATO Implementation 
        Force;
            (9) the exit strategy to provide for complete withdrawal of 
        United States Armed Forces in the NATO Implementation Force, 
        including an estimated date of completion; and
            (10) a description of progress toward enabling the 
        Federation of Bosnia and Herzegovina to provide for its own 
        defense.
    (b) Such reports shall include a description of any changes in the 
areas listed in (a)(1) through (a)(10) since the previous report, if 
applicable, and shall be submitted in unclassified form, but may 
contain a classified annex.

SEC. 5. REPORTS TO CONGRESS ON NON-MILITARY ASPECTS OF IMPLEMENTATION 
              OF THE GENERAL FRAMEWORK AGREEMENT.

    (a) Thirty days after enactment, and at least once every 60 days 
thereafter, the President shall submit to the Congress a report on--
            (1) the status of implementation of non-military aspects of 
        the General Framework Agreement and Associated Annexes, 
        especially Annex 10 on Civilian Implementation, and of efforts, 
        which are separate from the Implementation Force, by the United 
        States and other countries to support implementation of the 
        non-military aspects. Such report shall include a detailed 
        description of--
                    (A) progress toward conducting of elections;
                    (B) the status of return of refugees and displaced 
                persons;
                    (C) humanitarian and reconstruction efforts;
                    (D) police training and related civilian security 
                efforts, including the status of implementation of 
                Annex 11 regarding an international police task force; 
                and
                    (E) implementation of Article XIII of Annex 6 
                concerning cooperation with the International Tribunal 
                for the Former Yugoslavia and other appropriate 
                organizations in the investigation and prosecution of 
                war crimes and other violations of international 
                humanitarian law;
            (2) the status of coordination between the High 
        Representative and the Implementation Force Commander;
            (3) the status of plans and preparation for the 
        continuation of civilian activities after the withdrawal of the 
        Implementation Force;
            (4) all costs incurred by all United States Government 
        agencies for reconstruction, refugee, humanitarian, and all 
        other non-military bilateral and multilateral assistance in 
        Bosnia and Herzegovina; and
            (5) United States and international diplomatic efforts to 
        contain and end conflict in the former Yugoslavia, including 
        efforts to resolve the status of Kosova and halt violations of 
        internationally-recognized human rights of its majority 
        Albanian population.
    (b) Such reports shall be submitted in unclassified form, but may 
contain a classified annex.
                                 <all>