[Congressional Record Volume 141, Number 116 (Tuesday, July 18, 1995)]
[Senate]
[Pages S10250-S10251]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          THE BOSNIA AND HERZEGOVINA SELF-DEFENSE ACT OF 1995

                                 ______


                  DOLE (AND OTHERS) AMENDMENT NO. 1801

  Mr. DOLE (for himself, Mr. Lieberman, Mr. Helms, Mr. Thurmond, Mr. 
Biden, Mr. D'Amato, Mr. McCain, Mr. Feingold, Mr. Warner, Mr. Hatch, 
Mr. Kyl, Mr. Moynihan, Mr. Stevens, Mr. Cochran, Mrs. Hutchison, Mr. 
Mack, Mr. Coverdell, Mr. Packwood, Mr. Murkowski, and Mr. Specter) 
proposed an amendment to the bill (S. 21) to terminate the United 
States arms embargo applicable to the Government of Bosnia and 
Herzegovina; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Bosnia and Herzegovia Self-
     Defense Act of 1995''.

     SEC. 2. FINDINGS.

       The Congress makes the following findings:
       (1) For the reasons stated in section 520 of the Foreign 
     Relations Authorization Act, Fiscal Years 1994 and 1995 
     (Public Law 103-236), the Congress has found that continued 
     application of an international arms embargo to the 
     Government of Bosnia and Herzegovina contravenes that 
     Government's inherent right of individual or collective self-
     defense under Article 51 of the United National Charter and 
     therefore is inconsistent with international law.
       (2) The United States has not formally sought multilateral 
     support for terminating the embargo against Bosnia and 
     Herzegovina through a vote on a United Nations Security 
     Council resolution since the enactment of section 1404 of the 
     National Defense Authorization Act for Fiscal Year 1995 
     (Public Law 103-337).
       (3) The United Nations Security Council has not taken 
     measures necessary to maintain international peace and 
     security in Bosnia and Herzegovina since the aggression 
     against that country began in April 1992.

     SEC. 3. STATEMENT OF SUPPORT.

       The Congress supports the efforts of the Government of the 
     Republic of Bosnia and Herzegovina--
       (1) to defend its people and the territory of the Republic;
       (2) to preserve the sovereignty, independence, and 
     territorial integrity of the Republic; and
       (3) to bring about a peaceful, just, fair, viable, and 
     sustainable settlement of the conflict in Bosnia and 
     Herzegovina.

     SEC. 4. TERMINATION OF ARMS EMBARGO.

       (a) Termination.--The President shall terminate the United 
     States arms embargo of the Government of Bosnia and 
     Herzegovina, as provided in subsection (b), following--
       (1) receipt by the United States Government of a request 
     from the Government of Bosnia and Herzegovina for termination 
     of the United States arms embargo and submission by the 
     Government of Bosnia and Herzegovina, in exercise of its 
     sovereign rights as a nation, of a request to the United 
     Nations Security Council for the departure of UNPROFOR from 
     Bosnia and Herzegovina; or
       (2) a decision by the United Nations Security Council, or 
     decisions by countries contributing forces to UNPROFOR, to 
     withdraw UNPROFOR from Bosnia and Herzegovina.
       (b) Implementation of Termination.--The President may 
     implement termination of the United States arms embargo of 
     the Government of Bosnia and Herzegovina pursuant to 
     subsection (a) prior to the date of completion of the 
     withdrawal of UNPROFOR personnel from Bosnia and Herzegovina, 
     but shall, subject to subsection (c), implement termination 
     of the embargo pursuant to that subsection no later than the 
     earlier of--
       (1) the date of completion of the withdrawal of UNPROFOR 
     personnel from Bosnia and Herzegovina; or
       (2) the date which is 12 weeks after the date of submission 
     by the Government of Bosnia and Herzegovina of a request to 
     the United Nations Security Council for the departure of 
     UNPROFOR from Bosnia and Herzegovina.
       (c) Presidential Waiver Authority.--If the President 
     determines and reports in advance to Congress that the 
     safety, security, and successful completion of the withdrawal 
     of UNPROFOR personnel from Bosnia and Herzegovina in 
     accordance with subsection (b)(2) requires more time than the 
     period provided for in that subsection, the President may 
     extend the time period available under subsection (b)(2) for 
     implementing termination of the United States arms embargo of 
     the Government of Bosnia and Herzegovina for a period of up 
     to 30 days. The authority in this subsection may be exercised 
     to extend the time period available under subsection (b)(2) 
     for more than one 30-day period.
       (d) Presidential Reports.--Within 7 days of the 
     commencement of the withdrawal of UNPROFOR from Bosnia and 
     Herzegovina, and every 14 days thereafter, the President 
     shall report in writing to the President pro tempore of the 
     Senate and the Speaker of the House of Representatives on the 
     status and estimated date of completion of the withdrawal 
     operation. If any such report includes an estimated date of 
     completion of the withdrawal which is later than 12 weeks 
     after commencement of the withdrawal operation, the report 
     shall include the operational reasons which prevent the 
     completion of the withdrawal within 12 weeks of commencement.
       (e) Rule of Construction.--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.
       (f) Definitions.--As used in this section--
       (1) the term ``United States arms embargo of the Government 
     of Bosnia and Herzegovina'' means the application to the 
     Government of Bosnia and Herzegovina of--
       (A) the policy adopted July 10, 1991, and published in the 
     Federal Register of July 19, 1991 (58 FR 33322) under the 
     heading ``Suspension of Munitions Export Licenses to 
     Yugoslavia''; and

[[Page S 10251]]

       (B) any similar policy being applied by the United States 
     Government as of the date of completion of withdrawal of 
     UNPROFOR personnel from Bosnia and Herzegovina, pursuant to 
     which approval is denied for transfers of defense articles 
     and defense services to the former Yugoslavia; and
       (2) the term ``completion of the withdrawal of UNPROFOR 
     personnel from Bosnia and Herzegovina'' means the departure 
     from the territory of Bosnia and Herzegovina of substantially 
     all personnel participating in UNPROFOR and substantially all 
     other personnel assisting in their withdrawal, within a 
     reasonable period of time, without regard to whether the 
     withdrawal was initiated pursuant to a request by the 
     Government of Bosnia and Herzegovina, a decision by the 
     United nations security Council, or decisions by countries 
     contributing forces to UNPROFOR, but the term does not 
     include such personnel as may remain in Bosnia and 
     Herzegovina pursuant to an agreement between the Government 
     of Bosnia and Herzegovina and the government of any country 
     providing such personnel.
     

                          ____________________