[House Report 106-115]
[From the U.S. Government Publishing Office]





106th Congress                                                   Report
  1st Session           HOUSE OF REPRESENTATIVES                106-115

=======================================================================



 
 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.''

                                
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