[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2036 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2036

   To condition the use of appropriated funds for the purpose of an 
orderly and honorable reduction of U.S. ground forces from the Republic 
                       of Bosnia and Herzegovina.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 6, 1998

  Mr. Byrd (for himself and Mrs. Hutchison) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 A BILL


 
   To condition the use of appropriated funds for the purpose of an 
orderly and honorable reduction of U.S. ground forces from the Republic 
                       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 Force Realignment Act''.

SEC. 2. FINDINGS.

    (a) The Congress finds the following:
            (1) United States Armed Forces in the Republic of Bosnia 
        and Herzegovina have accomplished the military mission assigned 
        to them as a component of the Implementation and Stabilization 
        Forces.
            (2) The continuing and open-ended commitment of U.S. ground 
        forces in the Republic of Bosnia and Herzegovina is subject to 
        the oversight authority of the Congress.
            (3) Congress may limit the use of appropriated funds to 
        create the conditions for an orderly and honorable withdrawal 
        of U.S. troops from the Republic of Bosnia and Herzegovina.
            (4) 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 about one year.
            (5) The President declared the expiration date of the 
        mandate for the Implementation Force to be December 20, 1996.
            (6) The Secretary of Defense and the Chairman of the Joint 
        Chiefs of Staff expressed confidence that the Implementation 
        Force would complete its mission in about one year.
            (7) The Secretary of Defense and the Chairman of the Joint 
        Chiefs of Staff expressed the critical importance of 
        establishing a firm deadline, in the absence of which there is 
        a potential for expansion of the mission of U.S. forces.
            (8) 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.
            (9) 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.
            (10) 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.
            (11) Notwithstanding the passage of two previously 
        established deadlines, the reaffirmation of those deadlines by 
        senior national security officials, and the endorsement by 
        those same national security officials of the importance of 
        having a deadline as a hedge against an expanded mission, the 
        President announced on December 17, 1997 that establishing a 
        deadline had been a mistake and that U.S. ground combat forces 
        were committed to the NATO-led mission in Bosnia for the 
        indefinite future.
            (12) NATO military forces have increased their 
        participation in law enforcement, particularly police 
        activities.
            (13) U.S. Commanders of NATO have stated on several 
        occasions that, in accordance with the Dayton Peace Accords, 
        the principal responsibility for such law enforcement and 
        police activities lies with the Bosnian parties themselves.

SEC. 3. LIMITATIONS ON THE USE OF FUNDS.

    (a) Funds appropriated or otherwise made available for the 
Department of Defense for any fiscal year may not be obligated for the 
ground elements of the United States Armed Forces in the Republic of 
Bosnia and Herzegovina except as conditioned below.
            (1) The President shall continue the ongoing withdrawal of 
        American forces from the NATO Stabilization Force in the 
        Republic of Bosnia and Herzegovina such that U.S. ground forces 
        in that force or the planned multi-national successor force 
        shall not exceed:
                    (A) 6900, by June 30, 1998;
                    (B) 5000, by February 2, 1999;
                    (C) 3500, by June 30, 1999, and;
                    (D) 2500, by February 2, 2000.
    (b) Exceptions.--The limitation in subsection (a) shall not apply--
            (1) to the extent necessary for U.S. ground forces to 
        protect themselves as the drawdowns outlined in sub-paragraph 
        (a)(1) proceeds;
            (2) to the extent necessary to support a limited number of 
        United States military personnel sufficient only to protect 
        United States diplomatic facilities in existence on the date of 
        the enactment of this Act; or
            (3) to the extent necessary to support non-combat military 
        personnel sufficient only to advise the commanders North 
        Atlantic Treaty Organization peacekeeping operations in the 
        Republic of Bosnia and Herzegovina; and
            (4) to U.S. ground forces that may be deployed as part of 
        NATO containment operations in regions surrounding the Republic 
        of Bosnia and Herzegovina.
    (c) Construction of Section.--Nothing in this section shall be 
deemed to restrict the authority of the President under the 
Constitution to protect the lives of United States citizens.
    (d) Limitation on Support for Law Enforcement Activities in 
Bosnia.--None of the funds appropriated or otherwise made available to 
the Department of Defense for any fiscal year may be obligated or 
expended after the date of the enactment of this Act for the--
            (1) conduct of, or direct support for, law enforcement and 
        police 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 NATO-led 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 NATO 
        Forces 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; and
            (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. 4. PRESIDENTIAL REPORT.

    (a) Not later than December 1, 1998, the President shall submit to 
Congress a report on the progress towards meeting the drawdown limit 
established in section 2(a).
    (b) The report under paragraph (a) shall include an identification 
of the specific steps taken by the United States Government to transfer 
the United States portion of the peacekeeping mission in the Republic 
of Bosnia and Herzegovina to European allied nations or organizations.
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