[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1172 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1172

To prohibit the use of funds appropriated to the Department of Defense 
   or any other Federal department or agency from being used for the 
deployment on the ground of United States Armed Forces in the territory 
of the Republic of Bosnia and Herzegovina after September 30, 1997, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 1997

  Mr. Kasich (for himself, Mr. Spence, Mr. Condit, Mr. Hilleary, Mr. 
   Jones, Mr. Buyer, Mr. Frank of Massachusetts, Mr. Parker, and Mr. 
   Hefley) introduced the following bill; which was referred to the 
Committee on International Relations, and in addition to the Committees 
    on National Security and Rules, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To prohibit the use of funds appropriated to the Department of Defense 
   or any other Federal department or agency from being used for the 
deployment on the ground of United States Armed Forces in the territory 
of the Republic of Bosnia and Herzegovina after September 30, 1997, and 
                          for other purposes.

    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 ``United States Armed Forces in Bosnia 
Protection Act of 1997''.

SEC. 2. FINDINGS AND DECLARATIONS OF POLICY.

    (a) Findings.--The Congress finds the following:
            (1)(A) On November 27, 1995, the President affirmed that 
        United States participation in the multinational military 
        Implementation Force in the Republic of Bosnia and Herzegovina 
        would terminate in one year.
            (B) The President declared the expiration date of the 
        mandate for the Implementation Force to be December 20, 1996.
            (2) The Secretary of Defense and the Chairman of the Joint 
        Chiefs of Staff likewise expressed their confidence that the 
        Implementation Force would complete its mission in one year.
            (3) The exemplary performance of United States Armed Forces 
        personnel has significantly contributed to the accomplishment 
        of the military mission of the Implementation Force. The 
        courage, dedication, and professionalism of such personnel have 
        permitted a separation of the belligerent parties to the 
        conflict in the Republic of Bosnia and Herzegovina and have 
        resulted in a significant mitigation of the violence and 
        suffering in the Republic of Bosnia and Herzegovina.
            (4) On October 3, 1996, the Chairman of the Joint Chiefs of 
        Staff announced the intention of the United States 
        Administration to delay the removal of United States Armed 
        Forces personnel from the Republic of Bosnia and Herzegovina 
        until March 1997 due to operational reasons.
            (5) Notwithstanding the fact that the President, the 
        Secretary of Defense, and the Chairman of the Joint Chiefs of 
        Staff assured the Congress of their resolve to end the mission 
        of United States Armed Forces in the Republic of Bosnia and 
        Herzegovina by December 20, 1996, in November 1996 the 
        President announced his intention to further extend the 
        deployment of United States Armed Forces in the Republic of 
        Bosnia and Herzegovina until June 1998.
            (6) Before the announcement of the new policy referred to 
        in paragraph (5), the President did not request authorization 
        by the Congress of a policy that would result in the further 
        deployment of United States Armed Forces in the Republic of 
        Bosnia and Herzegovina until June 1998.
    (b) Declarations of Policy.--The Congress--
            (1) expresses its serious concerns and opposition to the 
        policy of the President that has resulted in the deployment 
        after December 20, 1996, of United States Armed Forces on the 
        ground in the Republic of Bosnia and Herzegovina without prior 
        authorization by the Congress; and
            (2) urges the President to work with our European allies to 
        begin an orderly transition of all peacekeeping functions in 
        the Republic of Bosnia and Herzegovina from the United States 
        to appropriate European countries in preparation for a complete 
        withdrawal of all United States Armed Forces by September 30, 
        1997.

SEC. 3. PROHIBITION OF USE OF DEPARTMENT OF DEFENSE FUNDS OR OTHER 
              FEDERAL DEPARTMENT OR AGENCY FUNDS FOR CONTINUED 
              DEPLOYMENT ON THE GROUND OF ARMED FORCES IN THE TERRITORY 
              OF THE REPUBLIC OF BOSNIA AND HERZEGOVINA.

    (a) Prohibition.--None of the funds appropriated or otherwise 
available to the Department of Defense or to any other Federal 
department or agency may be obligated or expended for the deployment on 
the ground of United States Armed Forces in the territory of the 
Republic of Bosnia and Herzegovina after September 30, 1997.
    (b) Exceptions.--The prohibition contained in subsection (a) shall 
not apply--
            (1) with respect to the deployment of United States Armed 
        Forces after September 30, 1997, but not later than October 31, 
        1997, for the express purpose of ensuring the safe and timely 
        withdrawal of such Armed Forces from the Republic of Bosnia and 
        Herzegovina; or
            (2)(A) if the President transmits to the Congress a report 
        containing a request for an extension of deployment of United 
        States Armed Forces for an additional 90 days after the date 
        otherwise applicable under subsection (a); and
            (B) if a joint resolution is enacted, in accordance with 
        section 4, specifically approving such request.

SEC. 4. CONGRESSIONAL CONSIDERATION OF REQUEST BY PRESIDENT FOR 90-DAY 
              EXTENSION OF DEPLOYMENT.

    (a) Terms of the Resolution.--For purposes of section 3, the term 
``joint resolution'' means only a joint resolution that is introduced 
within the 10-day period beginning on the date on which the President 
transmits the report to the Congress under such section, and--
            (1) which does not have a preamble;
            (2) the matter after the resolving clause of which is as 
        follows: ``That the Congress approves the request by the 
        President for the extension of the deployment on the ground of 
        United States Armed Forces in the territory of the Republic of 
        Bosnia and Herzegovina for a period ending not later than 
        December 31, 1997, as submitted by the President on ----------
        '', the blank space being filled in with the appropriate date; 
        and
            (3) the title of which is as follows: ``Joint resolution 
        approving the request by the President for an extension of the 
        deployment on the ground of United States Armed Forces in the 
        territory of the Republic of Bosnia and Herzegovina for a 
        period ending not later than December 31, 1997.''.
    (b) Referral.--A resolution described in subsection (a) that is 
introduced in the House of Representatives shall be referred to the 
Committee on International Relations and the Committee on National 
Security of the House of Representatives. A resolution described in 
subsection (a) introduced in the Senate shall be referred to the 
Committee on Foreign Relations and the Committee on Armed Services of 
the Senate.
    (c) Discharge.--If the committee to which a resolution described in 
subsection (a) is referred has not reported such resolution (or an 
identical resolution) by the end of the 20-day period beginning on the 
date on which the President transmits the report to the Congress under 
section 3, such committee shall be, at the end of such period, 
discharged from further consideration of such resolution, and such 
resolution shall be placed on the appropriate calendar of the House 
involved.
    (d) Consideration.--(1) On or after the third day after the date on 
which the committee to which such a resolution is referred has 
reported, or has been discharged (under subsection (c)) from further 
consideration of, such a resolution, it is in order (even though a 
previous motion to the same effect has been disagreed to) for any 
Member of the respective House to move to proceed to the consideration 
of the resolution. A Member may make the motion only on the day after 
the calendar day on which the Member announces to the House concerned 
the Member's intention to make the motion, except that, in the case of 
the House of Representatives, the motion may be made without such prior 
announcement if the motion is made by direction of the committee to 
which the resolution was referred. All points of order against the 
resolution (and against consideration of the resolution) are waived. 
The motion is highly privileged in the House of Representatives and is 
privileged in the Senate and is not debatable. The motion is not 
subject to amendment, or to a motion to postpone, or to a motion to 
proceed to the consideration of other business. A motion to reconsider 
the vote by which the motion is agreed to or disagreed to shall not be 
in order. If a motion to proceed to the consideration of the resolution 
is agreed to, the respective House shall immediately proceed to 
consideration of the joint resolution without intervening motion, 
order, or other business, and the resolution shall remain the 
unfinished business of the respective House until disposed of.
    (2) Debate on the resolution, and on all debatable motions and 
appeals in connection therewith, shall be limited to not more than 2 
hours, which shall be divided equally between those favoring and those 
opposing the resolution. An amendment to the resolution is not in 
order. A motion further to limit debate is in order and not debatable. 
A motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the resolution is not in order. 
A motion to reconsider the vote by which the resolution is agreed to or 
disagreed to is not in order.
    (3) Immediately following the conclusion of the debate on a 
resolution described in subsection (a) and a single quorum call at the 
conclusion of the debate if requested in accordance with the rules of 
the appropriate House, the vote on final passage of the resolution 
shall occur.
    (4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of Representatives, 
as the case may be, to the procedure relating to a resolution described 
in subsection (a) shall be decided without debate.
    (e) Consideration by Other House.--(1) If, before the passage by 
one House of a resolution of that House described in subsection (a), 
that House receives from the other House a resolution described in 
subsection (a), then the following procedures shall apply:
            (A) The resolution of the other House shall not be referred 
        to a committee and may not be considered in the House receiving 
        it except in the case of final passage as provided in 
        subparagraph (B)(ii).
            (B) With respect to a resolution described in subsection 
        (a) of the House receiving the resolution--
                    (i) the procedure in that House shall be the same 
                as if no resolution had been received from the other 
                House; but
                    (ii) the vote on final passage shall be on the 
                resolution of the other House.
    (2) Upon disposition of the resolution received from the other 
House, it shall no longer be in order to consider the resolution that 
originated in the receiving House.
    (f) Rules of the Senate and House.--This section is enacted by the 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a resolution described in subsection 
        (a), and it supersedes other rules only to the extent that it 
        is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 5. PROHIBITION OF USE OF DEPARTMENT OF DEFENSE FUNDS OR OTHER 
              FEDERAL DEPARTMENT OR AGENCY FUNDS FOR LAW ENFORCEMENT OR 
              RELATED ACTIVITIES IN THE TERRITORY OF THE REPUBLIC OF 
              BOSNIA AND HERZEGOVINA.

    None of the funds appropriated or otherwise available to the 
Department of Defense or to any other Federal department or agency may 
be obligated or expended after the date of the enactment of this Act 
for the following:
            (1) Conduct of, or direct support for, law enforcement 
        activities in the Republic of Bosnia and Herzegovina, except 
        for the training of law enforcement personnel or to prevent 
        imminent loss of life.
            (2) Conduct of, or support for, any activity in the 
        Republic of Bosnia and Herzegovina that may have the effect of 
        jeopardizing the primary mission of the United Nations-led 
        Stabilization Force in preventing armed conflict between the 
        Federation of Bosnia and Herzegovina and the Republika Srpska 
        (``Bosnian Entities'').
            (3) Transfer of refugees within the Republic of Bosnia and 
        Herzegovina that, in the opinion of the commander of the 
        Stabilization Force involved in such transfer--
                    (A) has as one of its purposes the acquisition of 
                control by a Bosnian Entity of territory allocated to 
                the other Bosnian Entity under the Dayton Peace 
                Agreement; or
                    (B) may expose United States Armed Forces to 
                substantial risk to their personal safety.
            (4) Implementation of any decision to change the legal 
        status of any territory within the Republic of Bosnia and 
Herzegovina unless expressly agreed to by all signatories to the Dayton 
Peace Agreement.

SEC. 6. REPORT.

    (a) In General.--Not later than June 30, 1997, the President shall 
prepare and transmit to the Congress a report on the deployment on the 
ground of United States Armed Forces in the territory of the Republic 
of Bosnia and Herzegovina. The report shall contain the following:
            (1) A description of the extent to which compliance has 
        been achieved with the requirements relating to United States 
        activities in the Republic of Bosnia and Herzegovina contained 
        in Public Law 104-122 (110 Stat. 876).
            (2)(A) An identification of the specific steps taken, if 
        any, by the United States Government to transfer the United 
        States portion of the peacekeeping mission in the Republic of 
        Bosnia and Herzegovina to appropriate European organizations, 
        such as a combined joint task force of NATO, the Western 
        European Union, or the Conference on Security and Cooperation 
        in Europe.
            (B) A description of any deficiencies in the capabilities 
        of such European organizations to conduct peacekeeping 
        activities in the Republic of Bosnia and Herzegovina and a 
        description of the actions, if any, that the United States 
        Government is taking in cooperation with such organizations to 
        remedy such deficiencies.
            (3) An identification of the following:
                    (A) The goals of the Stabilization Force and the 
                criteria for achieving those goals.
                    (B) The measures that are being taken to protect 
                United States Armed Forces personnel from conventional 
                warfare, unconventional warfare, or terrorist attacks 
                in the Republic of Bosnia and Herzegovina.
                    (C) The exit strategy for the withdrawal of United 
                States Armed Forces from the Republic of Bosnia and 
                Herzegovina in the event of civil disturbances or overt 
                warfare.
                    (D) The exit strategy and timetable for the 
                withdrawal of United States Armed Forces from the 
                Republic of Bosnia and Herzegovina in the event the 
                Stabilization Force successfully completes its mission, 
                including whether or not a follow-on force will succeed 
                the Stabilization Force after the proposed withdrawal 
                date announced by the President of June 1998.
    (b) Form of Report.--The report described in subsection (a) shall 
be transmitted in unclassified and classified versions.

SEC. 7. DEFINITIONS.

    As used in this Act:
            (1) Bosnian entities.--The term ``Bosnian Entities'' means 
        the Federation of Bosnia and Herzegovina and the Republika 
        Srpska.
            (2) Dayton peace agreement.--The term ``Dayton Peace 
        Agreement'' means the General Framework Agreement for Peace in 
        Bosnia and Herzegovina, initialed by the parties in Dayton, 
        Ohio, on November 21, 1995, and signed in Paris on December 14, 
        1995.
            (3) Implementation force.--The term ``Implementation 
        Force'' means the NATO-led multinational military force in the 
        Republic of Bosnia and Herzegovina (commonly referred to as 
        ``IFOR''), authorized under the Dayton Peace Agreement.
            (4) NATO.--The term ``NATO'' means the North Atlantic 
        Treaty Organization.
            (5) Stabilization force.--The term ``Stabilization Force'' 
        means the United Nations-led follow-on force to the 
        Implementation Force in the Republic of Bosnia and Herzegovina 
        and other countries in the region (commonly referred to as 
        ``SFOR''), authorized under United Nations Security Council 
        Resolution 1088 (December 12, 1996).
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