[House Report 106-115]
[From the U.S. Government Publishing Office]
106th Congress Report
1st Session HOUSE OF REPRESENTATIVES 106-115
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DECLARING A STATE OF WAR BETWEEN THE UNITED STATES AND THE GOVERNMENT
OF THE FEDERAL REPUBLIC OF YUGOSLAVIA
_______
April 27, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Gilman, from the Committee on International Relations, submitted
the following
ADVERSE REPORT
[To accompany H.J. Res. 44]
[Including cost estimate of the Congressional Budget Office]
The Committee on International Relations, to whom was
referred the joint resolution (H.J. Res. 44) declaring a state
of war between the United States and the Government of the
Federal Republic of Yugoslavia, having considered the same,
report unfavorably thereon and recommend that the joint
resolution do not pass.
Background and Purpose
Representatives of the Federal Republic of Yugoslavia (FRY)
and the ethnic Albanians from the Serb Province of Kosovo
convened for negotiations in Rambouillet France on February 7,
1999. After sixteen days of talks the negotiations recessed at
the request of the Albanians who wanted to return to Kosovo to
consult with members of the Kosovo Liberation Army (KLA) and
others among the Albanian community. Three weeks later the
negotiations reconvened and the Albanian representatives signed
the Rambouillet Accords which provided for substantial autonomy
for the ethnic Albanians of Kosovo, a sharp reduction of
Serbian police and military personnel in the province, and a
NATO-led peacekeeping force comprised of 28,000 troops, of
which the United States had agreed to provide 4,000.
On March 11, 1999 the House adopted H. Con. Res. 42, a
concurrent resolution stating, in part, that ``the President is
authorized to deploy United States Armed Forces personnel to
Kosovo as part of a NATO peacekeeping operation implementing a
Kosovo peace agreement.''
Representatives from NATO had made clear to the government
of the FRY that if the Albanians agree to the Rambouillet
Accords, and the FRY did not, NATO would undertake punitive air
strikes against targets throughout the FRY. The FRY, objecting
to the provisions for the NATO-led peacekeeping force, refused
to sign the Accords, and the talks ended. On March 24, 1999
NATO launched the air strikes. On March 26, 1999, President
Clinton reported to the Congress, ``consistent with the War
Powers Resolution'', that the United States had begun ``a
series of air strikes in the [FRY] in response to the FRY
government's continued campaign of violence and repression
against the ethnic Albanian population in Kosovo.''
Serbian special police and military forces have, despite
the NATO air strikes, been able to conduct an offensive
operation in Kosovo involving in excess of 40,000 troops.
Serbian forces have driven more than 850,000 of the 1.6 million
Albanians out of Kosovo, and there are reports that there may
be at least 500,000 more internally displaced within Kosovo.
Albanian refugees have reported that they have witnessed mass
killings, rapes and other atrocities. It is believed that there
are 100,000 men of war-fighting age being held in Kosovo by the
Serbs for forced labor or as potential human shields or
hostages.
Rep. Tom Campbell introduced H.J. Res. 44 on April 12,
1999. The resolution declares a state of war between the United
States and the Federal Republic of Yugoslavia, pursuant to
section 5(b) of the War Powers Resolution (50 U.S.C. 1544 (b)),
and article 1, section 8 of the Constitution.
Section 5(b) of the War Powers Resolution provides in
pertinent part that:
Within sixty calendar days after a report is
submitted or is required to be submitted [informing
Congress that U.S. Armed Forces have been introduced
into hostilities or a situation where imminent
involvement in hostilities is clearly indicated by the
circumstances] the President shall terminate any use of
United States Armed Forces with respect to which such
report was submitted (or required to be submitted),
unless the Congress (1) has declared war or has enacted
a specific authorization for such use of United States
Armed Forces, (2) has extended by law such sixty-day
period, or (3) is physically unable to meet as a result
of an armed attack upon the United States.
Section 6 of the War Powers Resolution provides expedited
procedures to govern the consideration of joint resolutions and
bills introduced pursuant to section 5(b).
Under section 6, the Committee is required to report H.J.
Res. 44 by May 1, 1999. The joint resolution ``shall become the
pending business of the House in question * * * and shall be
voted on within three calendar days thereafter, unless such
House shall otherwise determine by the yeas and nays.''
The Committee recognizes that the United States has used
force in many instances without a formal declaration of war
since the last declaration of war in 1942 (against Romania).
The use of force by the United States in the absence of a
declaration of war is permissible under international law.
So far as the Committee is aware, there is no precedent in
United States history for the declaration of war by Congress in
the absence of a request for such action by the President. In
this instance, the President has not requested a declaration of
war. Indeed, the Administration in a letter to the Committee
dated April 22, 1999, stated its opposition to declaring war
against the Federal Republic of Yugoslavia.
In the view of the Committee, declaring a state of war in
this instance would complicate the objective of U.S. policy to
work within the North Atlantic Alliance, whose other members
have not supported declaring war, and would also present
difficulties to states in the region of the FRY.
The Committee believes that, if adopted, H.J. Res. 44 would
have adverse repercussions within the North Atlantic Alliance.
It would place the United States alone in a declared state of
war with the FRY. It would compound strains in U.S. relations
with Russia, and could strengthen Mr. Milosevic politically
within the FRY. A declaration of war would also blur the
message that we and our allies have been trying to convey to
the Serbian people regarding the limited objectives of
Operation Allied Force.
Committee Action
Introduction and Consideration of the Joint Resolution
The Committee on International Relations held a hearing on
February 10, 1999 concerningU.S. policy in Kosovo and received
testimony from Undersecretary of State for Political Affairs Thomas
Pickering, and from Undersecretary of Defense for Policy Walter
Slocombe. On March 10, 1999 the Committee received testimony from a
number of private witnesses regarding Kosovo, including former
Secretary of State Henry Kissinger, former Permanent Representative of
the United States to the United Nations Jeanne Kirkpatrick, and former
Senator Bob Dole. On April 21, 1999, Secretary of State Madeleine
Albright testified on the situation in Kosovo before the Committee. In
addition to these public hearings, Administration and U.S. military
officials have briefed members in closed sessions, and there have been
consultations conducted by the President with key members of the
Congress.
The Committee marked up H.J. Res. 44 and, a quorum being
present, ordered it reported adversely, by record vote, on
Wednesday, April 24, 1999.
Record Votes on Amendments and Motion to Report
Clause (3)(b) of rule XIII of the Rules of the House of
Representatives requires that the results of each record vote
on an amendment or motion to report, together with the names of
those voting for or against, be printed in the committee
report. The following vote was taken during the consideration
of H.J. Res. 44:
Description of Amendment, Motion, Order, or Other Proposition (Vote
during markup of H.J. Res. 44--April 27, 1999)
(4:52 p.m.).--Bereuter motion to order the resolution
reported adversely.
Voting Yes: Gilman, Goodling, Leach, Hyde, Bereuter, Smith,
Burton, Gallegly, Ros-Lehtinen, Ballenger, Rohrabacher,
Manzullo, Royce, King, Chabot, Sanford, Salmon, Houghton,
Campbell, McHugh, Brady, Burr, Gillmor, Radanovich, Cooksey,
Tancredo, Gejdenson, Lantos, Berman, Ackerman, Faleomavaega,
Martinez, Payne, Menendez, Brown, McKinney, Hastings, Danner,
Hilliard, Sherman, Wexler, Rothman, Davis, Pomeroy, Delahunt,
Meeks, Lee, Crowley, and Hoeffel.
Ayes 49. Noes 0.
Other Matters
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform Findings
Clause 3(c)(4) of rule XIII of the Rules of the House of
Representatives requires each committee report to contain a
summary of the oversight findings and recommendations made by
the Government Reform Committee pursuant to clause 4(c)(2) of
rule X of those Rules. The Committee on International Relations
has received no such findings or recommendations from the
Committee on Government Reform.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Constitutional Authority Statement
In compliance with clause 3(d)(1) of rule XIII of the Rules
of the House of Representatives, the Committee cites the
following specific powers granted to the Congress in the
Constitution as authority for enactment of H.J. Res. 44 as
reported by the Committee: Article I, section 8, clause 11
(relating to declaring war) and Article I, section 8, clause 18
(relating to making all laws necessary and proper for carrying
into execution all powers vested by the Constitution in the
Government of the United States, or in any Department or
Officer thereof).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any committee on a bill or joint
resolution to include a committee statement on the extent to
which the bill or joint resolution is intended to preempt state
or local law. The Committee states that H.J. Res. 44 is not
intended to preempt any state or local law.
New Budget Authority and Tax Expenditures, Congressional Budget Office
Cost Estimate, and Federal Mandates Statements
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives requires each committee report that accompanies
a measure providing new budget authority, new spending
authority, or new credit authority or changing revenues or tax
expenditures to contain a cost estimate, as required by section
308(a)(1) of the Congressional Budget Act of 1974, as amended,
and, when practicable with respect to estimates of new budget
authority, a comparison of the estimated funding level for the
relevant program (or programs) to the appropriate levels under
current law.
Clause 3(d) of rule XIII of the Rules of the House of
Representatives requires committees to include their own cost
estimates in certain committee reports, which include, when
practicable, a comparison of the total estimated funding level
for the relevant program (or programs) with the appropriate
levels under current law.
Clause 3(c)(3) of rule XIII of the Rules of the House of
Representatives requires the report of any committee on a
measure which has been approved by the Committee to include a
cost estimate prepared by the Director of the Congressional
Budget Office, pursuant to section 403 of the Congressional
Budget Act of 1974, if the cost estimate is timely submitted.
Section 423 of the Congressional Budget Act requires the
report of any committee on a bill or joint resolution that
includes any Federal mandate to include specific information
about such mandates. The Committee states that H.J. Res. 44
does not include any Federal mandate.
The Committee adopts the cost estimate of the Congressional
Budget Office as its own submission of any new required
information with respect to H.J. Res. 44 on new budget
authority, new spending authority, new credit authority, or an
increase or decrease in the national debt. It also adopts the
estimate of Federal mandates prepared by the Director of the
Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act. The estimate and report which has
been received is set out below.
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 27, 1999.
Hon. Benjamin A. Gilman,
Chairman, Committee on International Relations,
House of Representatives, Washington, DC.
Dear Mr. Chairman: At your request, the Congressional
Budget Office (CBO) has prepared the enclosed cost estimate for
H.J. Res. 44, a joint resolution declaring a state of war
between the United States and the government of the Federal
Republic of Yugoslavia.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeannette
Deshong.
Sincerely,
Dan L. Crippen, Director.
Enclosure.
congressional budget office cost estimate
H.J. Res. 44--Declaring a state of war between the United States and
the government of the Federal Republic of Yugoslavia
The resolution would declare a state of war between the
United States and the government of Yugoslavia.
Uncertainty about the duration, intensity, and conduct of a
war makes it impossible to estimate the costs of implementing
the resolution. The Department of Defense has requested about
$5.5 billion in supplemental appropriations for 1999 to cover
the U.S. share of actual and projected costs of the North
Atlantic Treaty Organization's operations in Yugoslavia. Also,
CBO estimates that if fighting escalated to include U.S. ground
forces, costs would be about $300 million a month to deploy and
sustain each increment of 27,000 troops and over $1 billion a
month to sustain an air campaign. For comparison purposes, the
costs of the Gulf War totaled about $61 billion. Thus, costs in
any year would probably be in the tens of billions of dollars.
Because the resolution would not affect direct spending or
receipts, pay-as-you-go procedures would not apply.
Section 4 of the Unfunded Mandates Reform Act excludes from
the application of that act any legislative provisions that are
necessary for the national security. CBO has determined that
H.J. Res. 44 fits within that exclusion.
The estimate was prepared by Jeannette Deshong. This
estimated was approved by Paul N. Van de Water, Assistant
Director for Budget Analysis.
Section-by-Section Analysis
The Joint Resolution states ``That pursuant to section 5(b)
of the War Powers Resolution (50 U.S.C. 1544(b)), and article
1, section 8 of the United States Constitution, a state of war
is declared to exist between the United States and the
Government of the Federal Republic of Yugoslavia.''