[Congressional Record Volume 140, Number 45 (Thursday, April 21, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: April 21, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
 INTRODUCTION OF BOSNIA AND HERZEGOVINA SELF-DEFENSE ACT OF 1994, H.R. 
                                  4290

                                 ______


                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                        Thursday, April 21, 1994

  Mr. GILMAN. Mr. Speaker, I have today introduced the ``Bosnia and 
Herzegovina Self-Defense Act of 1994,'' H.R. 4290, along with Mr. Hyde, 
Mr. Gingrich, and Mr. Dornan.
  This legislation requires the President to terminate the United 
States arms embargo of the Government of Bosnia and Herzegovina. In 
addition, it makes available to the President up to $200 million in 
drawdown authority to provide United States military assistance to the 
Government of Bosnia and Herzegovina.
  Earlier this week, the conference committee on the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995, H.R. 2333, approved a 
provision for the conference report on that measure that amply explains 
the legal and policy basis for unilateral termination of the United 
States arms embargo of Bosnia and Herzegovina. That provision goes on 
to urge the President to unilaterally terminate the arms embargo and to 
provide appropriate military assistance to the Government of Bosnia and 
Herzegovina. The conference report on the Foreign Relations 
Authorization Act should be approved by both Houses of Congress next 
week, and I fully expect that it will be signed into law.
  The bill I have introduced today builds on the Bosnia and Herzegovina 
provision of the Foreign Relations Authorization Act by putting into 
practice the policy urged by that provision.
  There should be no question about the wisdom of ending the arms 
embargo. President Clinton endorsed that step many months ago, and he 
has never retreated from that position. The only question is whether 
the United States must wait for the United Nations to act before ending 
the embargo, or end the embargo on its own. The Foreign Relations Act 
makes clear that the United States can act on its own. Considering the 
human and moral disaster confronting us in Bosnia and Herzegovina, 
there can be no excuse for further delay.
  The Senate is today considering a measure being offered by Senator 
Dole that would implement essentially the same policy as our bill. The 
House should also proceed expeditiously to consider this issue.
  Accordingly, Mr. Speaker, I urge my colleagues to support this timely 
measure. I request that the full text of the legislation be included at 
this point in the Record.

                               H.R. 4290

       Be it enacted by the Senate and the House of 
     Representatives of the United States of America in Congress 
     assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Bosnia-Hercegovina Self-
     Defense Act of 1994.''

     SEC. 2. FINDINGS.

       The Congress makes the following findings:
       (1) For the reasons stated in the conference report on the 
     Foreign Relations Authorization Act, Fiscal Years 1994 and 
     1995 (H.R. 2333), the Congress has found that continued 
     application of an international arms embargo to the 
     Government of Bosnia-Hercegovina contravenes that 
     government's inherent right of individual or collective self-
     defense under Article 51 of the United Nations Charter and 
     therefore is inconsistent with the international law.
       (2) Before deploying United States Armed Forces to defend 
     the territorial integrity and political independence of 
     Bosnia-Hercegovina, or to enforce United Nations mandates in 
     Bosnia-Hercegovina, the United States should seek to provide 
     the government of Bosnia-Hercegovina with the means necessary 
     to exercise its inherent right of self-defense.

     SEC. 3. TERMINATION OF ARMS EMBARGO.

       (a) Termination.--The President shall terminate the United 
     States arms embargo of the Government of Bosnia-Hercegovina 
     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.
       (b) Definition.--As used in this section, the term ``United 
     States arms embargo of the Government of Bosnia-Hercegovina'' 
     means the application to the Government of Bosnia-Hercegovina 
     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 denied for transfers of 
     defense articles and defense services to the former 
     Yugoslavia.

     SEC. 4. PROVISION OF UNITED STATES MILITARY ASSISTANCE.

       (a) Policy.--The President should provide appropriate 
     military assistance to the Government of Bosnia-Hercegovina 
     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.
       (b) Authorization of Military Assistance--
       (1) Drawdown authority.--If the Government of Bosnia-
     Hercegovina requests United States assistance in exercising 
     its right of self-defense under Article 51 of the United 
     Nations Charter, the President is authorized to direct the 
     drawdown of defense articles from the stocks of the 
     Department of Defense, defense services of the Department of 
     Defense, and military education and training in order to 
     provide assistance to the Government of Bosnia-Hercegovina. 
     Such assistance shall be provided on such terms and 
     conditions as the President may determine.
       (2) Limitation on value of transfers.--The aggregate value 
     (as defined in section 664(m) of the Foreign Assistance Act 
     of 1961) of defense articles, defense services, and military 
     education and training provided under this subsection may not 
     exceed $200,000,000.
       (3) Expiration of authorization.--The authority provided to 
     the President in paragraph (1) expires at the end of fiscal 
     year 1995.
       (4) Limitation on activities.--Members of the United States 
     Armed Forces who perform defense services or provide military 
     education and training outside the United States under this 
     subsection may not perform any duties of a combatant nature, 
     including any duties related to training and advising that 
     may engage them in combat activities.
       (5) Reports to congress.--Within 60 days after any exercise 
     of the authority of paragraph (1) and every 60 days 
     thereafter, the President shall report in writing to the 
     Speaker of the House of Representatives and the President pro 
     tempore of the Senate concerning the defense articles, 
     defense services, and military education and training being 
     provided and the use made of such articles, services, and 
     education and training.
       (6) Reimbursement.--(A) Defense articles, defense services, 
     and military education and training provided under this 
     subsection shall be made available without reimbursement to 
     the Department of Defense except to the extent that funds are 
     appropriated pursuant to subparagraph (B).
       (B) There are authorized to be appropriated to the 
     President such sums as may be necessary to reimburse the 
     applicable appropriation, fund, or account for the value (as 
     defined in section 664(m) of the Foreign Assistance Act of 
     1961) of defense articles, defense services, or military 
     education and training provided under this subsection.

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