[Congressional Record Volume 146, Number 56 (Tuesday, May 9, 2000)]
[Senate]
[Pages S3662-S3665]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            KOSOVO AMENDMENT

  Mr. BYRD. Mr. President, the Senate Appropriations Committee today 
adopted, by a very strong bipartisan vote, an amendment authored by 
Senator Warner and myself that addresses the ongoing role of United 
States participation in the Kosovo peacekeeping operation. Our 
amendment, which was attached to a Kosovo supplemental appropriations 
package, is cosponsored by Senator Stevens and a number of other 
Senators on both the Appropriations and Armed Services Committees.
  The Byrd-Warner amendment goes to the heart of the constitutional 
responsibility of Congress to address issues involving the deployment 
of U.S. military troops to politically unstable and potentially 
dangerous war-ravaged nations overseas.
  I am troubled by the trend that has developed in recent years to de 
facto authorize military operations through appropriations bills 
without further congressional discussion or debate on the policy. Under 
this practice, the Executive Branch determines how and

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where it will spend the money, and how much money it will spend, and 
then presents the bill to Congress. We saw it happen in Bosnia, in 
Haiti, in Somalia, and now it is happening in Kosovo.
  Mr. President, I do not believe that such a back-door authorization 
process is what the founding fathers had in mind when they delegated to 
Congress alone the power of the purse.
  By continuing to allow the Executive Branch to deploy U.S. troops 
overseas and merely send the bill to Congress later, Congress is 
effectively abrogating its responsibility under the Constitution and to 
the American people.
  The Byrd-Warner amendment restores congressional oversight to the 
calculation. Our amendment cuts off funding for the continued 
deployment of U.S. ground combat troops in Kosovo after July 1, 2001, 
unless the President seeks and receives congressional authorization to 
continue such deployment. At the same time, the amendment requires the 
President to develop a plan to turn the Kosovo peacekeeping operation 
entirely over to our allies by July 1, 2001.
  The amendment provides ample time and an orderly process for this 
President, and the next President, to either develop a plan to turn the 
ground troop element of the Kosovo peacekeeping operation entirely over 
to the Europeans, or to seek congressional authorization to keep United 
States ground troops in Kosovo.
  As an interim step, the amendment withholds 25 percent of the Kosovo 
money included in the supplemental appropriations package pending 
certification by the President that America's allies are making 
adequate progress in meeting their monetary and personnel commitments 
to the Kosovo peacekeeping operation. The certification is due by July 
15. If the President cannot make the certification, the funds held in 
reserve can only be used to withdraw United States troops from Kosovo 
unless Congress votes otherwise.
  Mr. President, this is a reasoned and reasonable approach to dealing 
with foreign peacekeeping operations. Senator Warner and I believe that 
it can be executed without major disruption to the NATO peacekeeping 
mission in Kosovo. We are not turning our backs on Kosovo. We are not 
attempting to micromanage the Pentagon. We are merely attempting to 
restore congressional oversight to the peacekeeping process.
  When it comes to exercising its constitutional authority, Congress 
has been sleeping on its rights. This amendment is a long overdue wake-
up call. I thank Senator Warner for his work on the amendment, and for 
his unswerving dedication to the nation and to the Senate, and I look 
forward to continuing to work with him on this very important issue.
  Mr. WARNER. Mr. President, I am pleased to join today with my 
distinguished colleague, the senior Senator from West Virginia, as his 
principal cosponsor on this important Kosovo amendment which was 
adopted this morning by the Appropriations Committee. We have worked 
together as partners on this endeavor for the past several weeks, and I 
have confidence that the outcome of our efforts is sound precedent for 
our Nation's security policy.
  The amendment which will soon be before the full Senate is a true 
collaboration--a melding of the original Warner certification amendment 
and the long-standing efforts of Senator Byrd to ensure that Congress 
exercises its constitutional role in decisions to deploy U.S. troops 
into harm's way.
  There are two main goals that we are seeking to accomplish: first, to 
ensure that our allies are shouldering their commitments, their fair 
share of the burden for implementing stability and peace in Kosovo; 
and, second, to require the Congress to fulfill its constitutional 
responsibility to vote on the continued deployment of U.S. ground 
combat troops in Kosovo.
  I would like to address--up front--what we are not doing with this 
amendment. We are not doing a ``cut and run'' from Kosovo. We are not 
deserting our NATO allies. I want to be very clear on these points. We 
are simply saying that our allies must fulfill the commitments which 
they made--I repeat, which they made--to provide assistance and 
personnel to rebuild the civil society in Kosovo; and that the Congress 
must take action--vote--to specifically authorize the continued 
presence of United States ground combat troops in Kosovo after July 1, 
2001.
  These are not precipitous or ill-conceived measures. They are 
supported by a respected group of cosponsors who are all strong 
supporters of NATO and who are determined not to let the United States 
military simply drift into an endless presence in Kosovo. The vote in 
the Appropriations Committee was overwhelmingly in favor of the Byrd-
Warner amendment--23 to 3.
  I would like to address in detail the certification requirement 
contained in this amendment, as it is an updated version of an 
amendment I originally put before the Senate on March 9. Subsection (d) 
of the Byrd-Warner amendment would provide 75 percent of the over $2 
billion contained in the Supplemental for military operations in Kosovo 
immediately--no strings attached. The expenditure of the remaining 25 
percent of the funding would be dependent on a certification by the 
President that our allies had provided a certain percentage of their 
commitments of assistance and personnel to Kosovo. If the President is 
not able to make that certification by July 15, 2000, then the 
remaining 25 percent of the Kosovo funds contained in the fiscal year 
2000 supplemental could be used only to conduct the safe, orderly and 
phased withdrawal of our troops from Kosovo. This limitation could be 
overcome by a vote of the Congress--under expedited procedures--to 
allow the money to be used for the continued deployment of our troops 
in Kosovo, despite the lack of the Presidential certification.
  Why do I feel so strongly about our Allies meeting their commitments 
in Kosovo? Because of the sacrifices of our brave men and women in 
uniform who bore the major share of the burden for the air war in 
Kosovo, and the continuing sacrifices of our troops, today and for the 
future, on the ground in Kosovo. As my colleagues know, the United 
States flew almost 70 percent of the total number of strike and 
support sorties in Operation Allied Force, at great personal risk, 
particularly to our aviators, and at a cost of over $4 billion to the 
U.S. taxpayers.

  In return, the Europeans have promised to pay the major share of the 
burdens to implement and secure the peace. So far, they have committed 
and pledged billions of dollars and thousands of personnel for this 
goal. The problem is that not enough of the money or the necessary 
personnel have made it to Kosovo.
  Since I first signaled my intentions on this amendment several months 
ago, considerable progress has been made--I gratefully acknowledge 
this. There has been a positive response from our allies. But more 
needs to be done, particularly in the areas of police and 
reconstruction.
  What is happening as approval of this assistance for Kosovo is slowly 
working its way slowly through the bureaucracies in Europe? Our troops, 
and the troops of other nations, are having to make up for the 
shortfall--by performing basic police functions, running towns and 
villages, guarding individual homes and historic sites, escorting 
ethnic minorities--all functions for which they were not specifically 
trained and which increase their level of personal risk. When will this 
end? Time is of the essence as our troops stand in harm's way until 
relieved, in large measure, by civilians specially trained.
  General Klaus Reinhardt, the fine German general who recently 
relinquished command of KFOR, said that he expects military elements of 
KFOR to be in Kosovo for a decade. I find this unacceptable, but I can 
see how it is possible if we do not move quickly to establish the basic 
economic and security infrastructure in Kosovo that is essential for 
long-lasting stability in that troubled region. That is one of the main 
goals of this amendment--to spur our allies on to quickly fulfill their 
commitments.
  What we cannot--must not--allow to happen is for the current 
situation in Kosovo to drift on. There are problems. They must be 
addressed and addressed in a timely manner.
  The principal sponsor of this amendment, the distinguished senior 
Senator from West Virginia and noted historian has eloquently addressed 
the constitutional responsibility of the Congress in deploying U.S. 
military forces overseas. I would simply add that it is

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time--past time--for the Congress to fulfill its obligations regarding 
our deployment to Kosovo. Since last June, the United States has had 
thousands of troops engaged in a dangerous operation in Kosovo, and 
thus far Congress has taken no action, other than emergency 
supplemental appropriations, on this deployment.
  This is disappointing, but not surprising. The last time the Congress 
exercised its constitutional responsibility to declare war was during 
World War II. Since that time, the United States military has been 
involved in over 100 military deployments--including the Korean 
conflict and the war in Vietnam. and where has the Congress been during 
all of that time? We occasionally pass resolutions authorizing the use 
of force--as we did for the Persian Gulf conflict--but more often than 
not, we simply fail to act. That must stop. We owe it to our brave men 
and women in uniform to act on their behalf. They are fulfilling their 
responsibilities; we must fulfill ours.
  This amendment does not say we must leave Kosovo. This amendment does 
not mean that we are shirking our NATO responsibilities. This amendment 
simply says that Congress--as a co-equal branch on foreign policy 
matters--must exercise its constitutional responsibilities and 
authorize the continued deployment of United States ground combat 
troops in Kosovo.
  I urge my colleagues to join us in our effort to prevent an open-
ended United States military commitment in Kosovo.
  Mr. President, in summary, the Byrd-Warner amendment was today 
adopted by an overwhelming majority of 23 to 3 in the Senate 
Appropriations Committee.
  This is an amendment on which Senator Byrd and I have worked for the 
better part of 2 months. We have had extensive consultations with a 
number of our colleagues, and thus far we have, as cosponsors, Senators 
Stevens, Inouye, Thurmond, Roberts, Snowe, Inhofe, Gregg, Smith of New 
Hampshire, and Sessions. There are others who will be added in due 
course.
  Senator Byrd and I are concerned about two things: The indefinite 
commitment of our troops into the Kosovo situation and that indefinite 
commitment not being backed up by an affirmative action of the Congress 
of the United States, which has a clear responsibility to act when we 
send young men and women into harm's way.
  This is not a cut-and-run amendment. This is simply an assertion that 
the United States together with its allies is trying to bring about 
peace and stability in that region. We have succeeded after an 
extensive 78-day combat mission, 70 percent of which missions were 
flown by the U.S. airmen. It is time to address the future and to have 
our allies meet their commitments in a timely fashion, commitments they 
made prior to the combat action and shortly thereafter.
  Secondly, we believe there should be some certainty as to how long 
our troops must remain in this commitment. It cannot be indefinite. We 
are, as a nation, now with troops all over the world. And we are 
stretched. We are having problems with retention, problems with 
recruiting because of the overextension of the U.S. military forces.
  What Senator Byrd has emphasized--and many times on the floor of the 
Senate--is it is the duty of the Congress of the United States, through 
a vote, to affirm the policies of the executive branch as we deploy our 
troops into harm's way.
  So those are the basic elements of this amendment.
  I ask unanimous consent that a copy of the amendment be printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                         Byrd-Warner Amendment

       At the appropriate place, insert the following new section:

     SEC. ____. LIMITATION ON AVAILABILITY OF FUNDS FOR UNITED 
                   STATES GROUND COMBAT TROOPS IN KOSOVO.

       (a) Limitation.--
       (1) In general.--Subject to subsection (d) and except as 
     provided in paragraph (2), none of the funds appropriated or 
     otherwise made available under any provision of law 
     (including unobligated balances of prior appropriations) 
     shall be available for the continued deployment of United 
     States ground combat troops in Kosovo after July 1, 2001, 
     unless and until--
       (A) the President submits a report to Congress--
       (i) containing a request for specific authorization for the 
     continued deployment of United States ground combat troops in 
     Kosovo;
       (ii) describing the progress made in implementing the plan 
     required by subsection (b); and
       (iii) containing the information described in subsection 
     (c); and
       (B) Congress enacts a joint resolution specifically 
     authorizing the continued deployment of United States ground 
     combat troops in Kosovo.
       (2) Exceptions.--The limitation in paragraph (1) shall not 
     apply to the continued deployment in Kosovo of such number of 
     United States ground combat troops as are necessary--
       (A) to conduct a safe, orderly, and phased withdrawal of 
     United States ground forces from Kosovo in the event that the 
     continued deployment of United States ground combat troops in 
     Kosovo is not specifically authorized by statute; or
       (B) to protect United States diplomatic facilities in 
     Kosovo in existence as of the date of the enactment of this 
     Act.
       (3) Waiver.--
       (A) In general.--Except as provided in subparagraph (B), 
     absent specific statutory authorization under paragraph 
     (1)(B), the President may waive the limitation in paragraph 
     (1) for a period or periods of up to 90 days each in the 
     event that--
       (i) the Armed Forces are involved in hostilities in Kosovo 
     or that imminent involvement by the Armed Forces in 
     hostilities in Kosovo is clearly indicated by the 
     circumstances; or
       (ii) NATO, acting through the Supreme Allied Commander, 
     Europe, requests the emergency introduction of United States 
     ground forces into Kosovo to assist other NATO or non-NATO 
     military forces involved in hostilities or facing imminent 
     involvement in hostilities.
       (B) Exception.--The authority of subparagraph (A) may not 
     be exercised more than twice unless Congress enacts a law 
     specifically authorizing the additional exercise of the 
     authority.
       (4) Report on subsequent deployments.--Absent specific 
     statutory authorization under paragraph (1)(B), whenever 
     there is a deployment of 25 or more members of the United 
     States Armed Forces to Kosovo after July 1, 2001 pursuant to 
     a waiver exercised under paragraph (3), the President shall, 
     not later than 96 hours after such deployment begins, submit 
     a report to Congress regarding the deployment. In any such 
     report, the President shall specify--
       (A) the purpose of the deployment; and
       (B) the date on which the deployment is expected to end.
       (5) Statutory construction.--Nothing in this subsection may 
     be construed to prohibit the availability of funds for the 
     deployment of United States noncombat troops in Kosovo to 
     provide limited support to peacekeeping operations of the 
     North Atlantic Treaty Organization (NATO) in Kosovo that do 
     not involve the deployment of ground combat troops, such as 
     support for NATO headquarters activities in Kosovo, 
     intelligence support, air surveillance, and related 
     activities.
       (b) Plan.--
       (1) In general.--The President shall develop a plan, in 
     consultation with appropriate foreign governments, by which 
     NATO member countries, with the exception of the United 
     States, and appropriate non-NATO countries will provide, not 
     later than July 1, 2001, any and all ground combat troops 
     necessary to execute Operation Joint Guardian or any 
     successor operation in Kosovo.
       (2) Quarterly target dates.--The plan shall establish a 
     schedule of target dates set at 3-month intervals for 
     achieving an orderly transition to a force in Kosovo that 
     does not include United States ground combat troops.
       (3) Deadlines.--
       (A) Interim plan.--An interim plan for the achievement of 
     the plan's objectives shall be submitted to Congress not 
     later than September 30, 2000.
       (B) Final plan.--The final plan for the achievement of the 
     plan's objectives shall be submitted to Congress not later 
     than May 1, 2001.
       (c) Reports.--
       (1) Monthly reports.--Beginning 30 days after the date of 
     enactment of this joint resolution, and every 30 days 
     thereafter, the President shall submit a report to Congress 
     on the total number of troops involved in peacekeeping 
     operations in Kosovo, the number of United States troops 
     involved, and the percentage of the total troop burden that 
     the United States is bearing.
       (2) Quarterly reports.--Beginning 3 months after the date 
     of enactment of this joint resolution, and every 3 months 
     thereafter, the President shall submit to Congress a report 
     on--
       (A) the total amount of funds that the United States has 
     expended on peacekeeping operations in Kosovo, and the 
     percentage of the total contributions by all countries to 
     peacekeeping operations in Kosovo that the United States is 
     bearing; and
       (B) the progress that each other country participating in 
     peacekeeping operations in Kosovo is making on meeting--
       (i) its financial commitments with respect to Kosovo;

[[Page S3665]]

       (ii) its manpower commitments to the international civilian 
     police force in Kosovo; and
       (iii) its troop commitments to peacekeeping operations in 
     Kosovo.
       (d) Certification.--
       (1) In general.--Of the amounts appropriated by this Act 
     for fiscal year 2000 for military operations in Kosovo, not 
     more than 75 percent may be obligated until the President 
     certifies in writing to Congress that the European 
     Commission, the member nations of the European Union, and the 
     European member nations of the North Atlantic Treaty 
     Organization have, in the aggregate--
       (A) obligated or contracted for at least 33 percent of the 
     amount of the assistance that those organizations and nations 
     committed to provide for 1999 and 2000 for reconstruction in 
     Kosovo;
       (B) obligated or contracted for at least 75 percent of the 
     amount of the assistance that those organizations and nations 
     committed for 1999 and 2000 for humanitarian assistance in 
     Kosovo;
       (C) provided at least 75 percent of the amount of the 
     assistance that those organizations and nations committed for 
     1999 and 2000 for the Kosovo Consolidated Budget; and
       (D) deployed at least 75 percent of the number of police, 
     including special police, that those organizations and 
     nations pledged for the United Nations international police 
     force for Kosovo.
       (2) Report.--The President shall submit to Congress, 
     together with any certification submitted by the President 
     under paragraph (1), a report containing detailed information 
     on--
       (A) the commitments and pledges made by each organization 
     and nation referred to in paragraph (1) for reconstruction 
     assistance in Kosovo, humanitarian assistance in Kosovo, the 
     Kosovo Consolidated Budget, and police (including special 
     police) for the United Nations international police force for 
     Kosovo;
       (B) the amount of assistance that has been provided in each 
     category, and the number of police that have been deployed to 
     Kosovo, by each such organization or nation; and
       (C) the full range of commitments and responsibilities that 
     have been undertaken for Kosovo by the United Nations, the 
     European Union, and the Organization for Security and 
     Cooperation in Europe (OSCE), the progress made by those 
     organizations in fulfilling those commitments and 
     responsibilities, an assessment of the tasks that remain to 
     be accomplished, and an anticipated schedule for completing 
     those tasks.
       (3) Limitation on use of funds.--If the President does not 
     submit to Congress a certification and report under 
     paragraphs (1) and (2) before July 15, 2000, then, beginning 
     on July 15, 2000, the amount appropriated for military 
     operations in Kosovo that remains unobligated under paragraph 
     (1) shall be available only for the purpose of conducting a 
     safe, orderly, and phased withdrawal of United States 
     military personnel from Kosovo, unless Congress enacts a 
     joint resolution allowing that amount to be used for other 
     purposes. If Congress fails to enact such a joint resolution, 
     no other amount appropriated for the Department of Defense in 
     this Act or any other Act may be obligated to continue the 
     deployment of United States military personnel in Kosovo. In 
     that case, the President shall submit to Congress, not later 
     than August 15, 2000, a report on the plan for the withdrawal 
     of United States military personnel from Kosovo.
       (e) Congressional Priority Procedures.--
       (1) Joint resolutions defined.--
       (A) For purposes of subsection (a)(1)(B), the term ``joint 
     resolution'' means only a joint resolution introduced not 
     later than 10 days after the date on which the report of the 
     President under subsection (a)(1)(A) is received by Congress, 
     the matter after the resolving clause of which is as follows: 
     ``That Congress authorizes the continued deployment of United 
     States ground combat troops in Kosovo.''.
       (B) For purposes of subsection (d)(3), the term ``joint 
     resolution'' means only a joint resolution introduced not 
     later than July 20, 2000, the matter after the resolving 
     clause of which is as follows: ``That the availability of 
     funds appropriated to the Department of Defense for military 
     operations in Kosovo is not limited to the withdrawal of 
     United States military personnel from Kosovo.''.
       (2) Procedures.--A joint resolution described in paragraph 
     (1) (A) or (B) shall be considered in a House of Congress in 
     accordance with the procedures applicable to joint 
     resolutions under paragraphs (3) through (8) of section 
     8066(c) of the Department of Defense Appropriations Act, 1985 
     (as contained in Public Law 98-473; 98 Stat. 1936).

  Mr. WARNER. I thank my distinguished colleague for yielding the time. 
I yield the floor.
  The PRESIDING OFFICER. The Senator from Alaska.

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