[Congressional Record Volume 140, Number 59 (Friday, May 13, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 13, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
           LIFTING THE ARMS EMBARGO ON BOSNIA AND HERZEGOVINA

  The text of the bill (S. 2042) to remove the United States arms 
embargo of the Government of Bosnia and Herzegovina, as passed by the 
Senate on May 12, 1994, is as follows:

                                S. 2042

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

     SECTION 1. UNITED STATES ARMS EMBARGO OF THE GOVERNMENT OF 
                   BOSNIA AND HERZEGOVINA.

       (a) Prohibition.--Neither the President nor any other 
     member of the Executive Branch of the United States 
     Government shall interfere with the transfer of arms to the 
     Government of Bosnia and Herzegovina.
       (b) Termination.--The President shall terminate the United 
     States arms embargo of the Government of Bosnia and 
     Herzegovina 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.
       (c) Definition.--As used in this section, the term ``United 
     States arms embargo of the Government of Bosnia and 
     Herzegovina'' means the application to the Government of 
     Bosnia and Herzegovina 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 routinely 
     denied for transfers of defense articles and defense services 
     to the former Yugoslavia.
       (d) Nothing in this section 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.

     SEC. 2. UNITED STATES ARMS EMBARGO OF THE GOVERNMENT OF 
                   BOSNIA AND HERZEGOVINA.

       (a) Prohibition.--Neither the President nor any other 
     member of the Executive Branch of the United States 
     Government shall interfere with the transfer of conventional 
     arms appropriate to the self-defense needs of the Government 
     of Bosnia and Herzegovina.
       (b) Termination.--The President shall terminate the United 
     States arms embargo of the Government of Bosnia and 
     Herzegovina 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.
       (c) Definition.--As used in this section, the term ``United 
     States arms embargo of the Government of Bosnia and 
     Herzegovina'' means the application to the Government of 
     Bosnia and Herzegovina 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 routinely 
     denied for transfers of defense articles and defense services 
     to the former Yugoslavia.
       (d) Nothing in this section 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.

     SEC. 3. APPROVE AND AUTHORIZE USE OF UNITED STATES AIRPOWER 
                   TO IMPLEMENT NATO EXCLUSION ZONES.

       (a) Purpose.--To approve and authorize the use of United 
     States airpower to implement the North Atlantic Treaty 
     Organization (NATO) exclusion zones around United Nations 
     designated safe areas in Bosnia and Herzegovina and to 
     protect United Nations forces.
       (b) Findings.--The Congress makes the following findings:
       (1) the war in the Republic of Bosnia and Herzegovina has 
     claimed tens of thousands of lives and displaced more than 
     two million citizens;
       (2) the Senate supports as a policy objective a peace 
     settlement that provides for an economically, politically and 
     militarily viable Bosnian state, capable of exercising its 
     rights under the United Nations Charter;
       (3) United Nations Security Council Resolutions 836 and 844 
     call on member states, acting nationally or through regional 
     organizations, to take all necessary measures to deter 
     attacks against safe areas identified in Security Council 
     resolution 824.
       (4) On February 9, 1994 the North Atlantic Council 
     authorized the use of air strikes to end the siege of 
     Sarajevo and on April 22, 1994 to end the siege of Gorazde 
     and to respond to attacks on the safe areas of Bihac, 
     Srebrenica, Tuzla or Zepa or to the threatening presence of 
     heavy weapons within a radius of 20 kilometers of those areas 
     (within Bosnia and Herzegovina);
       (5) The Congress in the fiscal year 1994 State Department 
     authorization bill expressed its sense that the President 
     should terminate the United States arms embargo on the 
     Government of Bosnia and Herzegovina.
       (c) Policy.--
       (1) The Senate authorizes and approves the decision by the 
     President to join with our NATO allies in implementing the 
     North Atlantic Council decisions--
       (A) of June 10, 1993 to support and protect UNPROFOR forces 
     in and around United Nations designated safe areas, and
       (B) of February 9, 1994 to use NATO's airpower in the 
     Sarajevo region of Bosnia and Herzegovina, and
       (C) of April 22, 1994 to authorize CINCSOUTH to conduct air 
     strikes against Bosnian Serb heavy weapons and other military 
     targets within a 20 kilometers radius of the center of 
     Gorazde, and Bihac, Srebrenica, Tuzla or Zepa (within the 
     territory of Bosnia and Herzegovina) if these safe areas are 
     attacked or threatened by Bosnian Serb heavy weapons.
       (2) The Congress favors the termination of the arms embargo 
     against the Government of Bosnia and Herzegovina. The 
     President shall seek immediately the agreement of NATO allies 
     to terminate the international arms embargo on the Government 
     of Bosnia and Herzegovina. In accordance with Administration 
     policy following such consultations the President or his 
     representative shall promptly propose or support a resolution 
     in the United Nations Security Council to terminate the 
     international arms embargo on Bosnia and Herzegovina. If the 
     Security Council fails to pass such a resolution the 
     President shall within 5 days consult with Congress regarding 
     unilateral termination of the arms embargo on the Government 
     of Bosnia and Herzegovina. Upon termination of the 
     international embargo the President shall ensure that, 
     subject to the regular notification procedures of the 
     appropriate congressional committees, appropriate military 
     assistance be provided expeditiously to Bosnia and 
     Herzegovina upon receipt from the government of such a 
     request in exercising its right of self-defense.
       (3) Unless previously authorized by the Congress no United 
     States ground combat forces should be deployed in Bosnia and 
     Herzegovina. Any request by the President for such 
     authorization should include:
       (A) an explanation of the United States interests involved 
     in such commitments or actions;
       (B) the specific objectives of the commitments or actions;
       (C) the likely duration of the operation;
       (D) the size, composition, command and control 
     arrangements, rules of engagement, contributions of allied 
     nations, and other details of the force needed to meet the 
     objectives;
       (E) specific measurements of success, particularly the end 
     point of the United States involvement, and what follow-on 
     security arrangements would be needed; and
       (F) an estimate of financial costs, including burdensharing 
     arrangements, and non-financial costs as can be determined.
       (4) Nothing in this legislation restricts the prerogative 
     of Congress to review the arms embargo on Bosnia and 
     Herzegovina.

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