[Congressional Record Volume 141, Number 90 (Monday, June 5, 1995)]
[Senate]
[Page S7703]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


         SENATE RESOLUTION 128--RELATIVE TO BOSNIA-HERCEGOVINA

  Mr. SPECTER (for himself and Mr. Inhofe) submitted the following 
resolution; which was referred to the Committee on Foreign Relations:

                              S. Res. 128

       Whereas Article I, Section 8 of the United States 
     Constitution provides that Congress shall have the sole power 
     to declare war;
       Whereas the Senate adopted S. Res. 330 on August 11, 1992, 
     which stated that it was the sense of the Senate that no 
     United States military personnel shall be introduced into 
     combat or potential combat situations without clearly defined 
     objectives and sufficient resources to achieve those 
     objectives: Now, therefore, be it
       Resolved, That the President is not authorized to use the 
     United States Ground Forces in Bosnia-Hercegovina unless--
       (1) the use of United States ground forces in Bosnia-
     Hercegovina is authorized in advance by Congress; or
       (2) the deployment of forces of the United States ground 
     forces into Bosnia-Hercegovina is vital to the national 
     security interests of the United States (including the 
     protection of American citizens in Bosnia-Hercegovina), there 
     is not sufficient time to seek and receive Congressional 
     authorization, and the President reports as soon as 
     practicable to Congress after the initiation of the 
     deployment, but in no case later than 48 hours after the 
     initiation of the deployment.

  Mr. SPECTER. Mr. President, I have sought recognition to submit a 
resolution which would prohibit the President from using ground forces 
in Bosnia without prior consent of the Congress because, in my view, 
there is ample time for the Congress of the United States to deliberate 
on this matter and to make a decision. And such a resolution, I submit, 
is necessary as a constitutional matter to preserve the constitutional 
prerogatives of the Congress and really to stop further erosion by the 
executive branch.
  The events of the past week in Bosnia and Herzegovina have been very, 
very disturbing, as they have been for the better part of 2 to 3 years 
now. As I have said on the floor of the U.S. Senate in the past, it is 
my view that the mission of the U.N. peacekeepers was realistically 
Mission Impossible because there was no peace to keep. In the past I 
have supported the resolutions and the amendments on the floor of the 
U.S. Senate to lift the arms embargo so that the Bosnian Moslems could 
defend themselves in accordance with article 51 of the U.N. Charter.
  We have had the position taken by the President in a speech last week 
at the Air Force Academy where he has said that U.S. forces would be 
used to relocate U.N. peacekeepers, sent on a temporary basis. But we 
know, as a practical matter, what happens when there is temporary 
action taken.
  There has been consistent analysis of the terrain in Bosnia, and 
fighting of a ground war there is on absolute marsh and swamp, and we 
are realistically unable to undertake that without assurances that it 
is to be done on a limited basis.
  It is my view that, before there ought to be an entry by the United 
States of our own ground forces, we ought to have an exit plan as well; 
that, realistically viewed, the United States does not have vital 
national interests at stake there on this state of the record; that 
before even consideration ought to be given there ought to be a 
comprehensive plan; and that there ought to be a detailed statement as 
to what the European participation would be because it is much more in 
their interest than ours. These matters ought to be submitted--Mr. 
President, the Senate is not in order.
  The PRESIDING OFFICER. The Senate will come to order.
  Mr. SPECTER. There ought to be a comprehensive plan, we ought to know 
exactly what has happened, and the matter ought to be deliberated upon 
and voted upon by the Congress of the United States.
  We have seen an erosion of constitutional authority of the U.S. 
Congress as the sole agent which is authorized to involve the United 
States in war. We fought a war in Korea without constitutional 
authorization. We fought a war in Vietnam without constitutional 
authorization. And these matters ought to come to the Congress unless 
there is an emergency, and on the face of the resolution which I have 
proposed the President could use the deployment of forces if there is a 
situation ``vital to the national security interests of the United 
States, including the protection of American citizens in Bosnia and 
Herzegovina where there is not sufficient time to seek and receive 
congressional authorization,'' and then the President report as soon as 
practical to the Congress of the United States.
  When the use of force was authorized in the Gulf, that was done only 
after the matter was brought to the floor of the U.S. Congress, the 
U.S. Senate. We had extensive debate going on on this floor on January 
10, 11, and 12, 1991 when there was a resolution passed by the Senate 
authorizing the use of force by a 52-to-47 vote, and a similar 
resolution of authorization was passed by the House of Representatives.
  But until and unless the Congress makes that decision reflecting the 
will of the American people, it is my view that there ought not to be 
the use of ground forces in Bosnia.


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