I

103D CONGRESS

2D SESSION H. R. 4290

Providing for the self-defense of Bosnia and Herzegovina.

IN THE HOUSE OF REPRESENTATIVES

APRIL 21, 1994

Mr. GILMAN (for himself, Mr. HYDE, Mr. DORNAN, and Mr. GINGRICH) introduced the following bill; which was referred to the Committee on Foreign

Affairs

A BILL

Providing for the self-defense of Bosnia and Herzegovina.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Bosnia and

5 Herzegovina Self-Defense Act of 1994’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) For the reasons stated in the conference re9 port on the Foreign Relations Authorization Act,

10 Fiscal Years 1994 and 1995 (H.R. 2333), the Con11 gress has found that continued application of an
2

HR 4290 IH

1 international arms embargo to the Government of

2 Bosnia and Herzegovina contravenes that Govern3 ment’s inherent right of individual or collective self4 defense under Article 51 of the United Nations

5 Charter and therefore is inconsistent with inter6 national law.

7 (2) Before deploying United States Armed

8 Forces to defend the territorial integrity and politi9 cal independence of Bosnia and Herzegovina, or to

10 enforce United Nations mandates in Bosnia and

11 Herzegovina, the United States should seek to pro12 vide the Government of Bosnia and Herzegovina

13 with the means necessary to exercise its inherent

14 right of self-defense.

15 SEC. 3. TERMINATION OF ARMS EMBARGO.

16 (a) TERMINATION.—The President shall terminate

17 the United States arms embargo of the Government of

18 Bosnia and Herzegovina upon receipt from that Govern19 ment of a request for assistance in exercising its right of

20 self-defense under Article 51 of the United Nations

21 Charter.

22 (b) DEFINITION.—As used in this section, the term

23 ‘‘United States arms embargo of the Government of

24 Bosnia and Herzegovina’’ means the application to the

25 Government of Bosnia and Herzegovina of—
3

HR 4290 IH

1 (1) the policy adopted July 10, 1991, and pub2 lished in the Federal Register of July 19, 1991 (58

3 F.R. 33322) under the heading ‘‘Suspension of Mu4 nitions Export Licenses to Yugoslavia’’; and

5 (2) any similar policy being applied by the

6 United States Government as of the date of receipt

7 of the request described in subsection (a) pursuant

8 to which approval is denied for transfers of defense

9 articles and defense services to the former Yugo10 slavia.

11 SEC. 4. PROVISION OF UNITED STATES MILITARY ASSIST12 ANCE.

13 (a) POLICY.—The President should provide appro14 priate military assistance to the Government of Bosnia

15 and Herzegovina upon receipt from that Government of

16 a request for assistance in exercising its right of self-de17 fense under Article 51 of the United Nations Charter.

18 (b) AUTHORIZATION OF MILITARY ASSISTANCE.—

19 (1) DRAWDOWN AUTHORITY.—If the Govern20 ment of Bosnia and Herzegovina requests United

21 States assistance in exercising its right of self-de22 fense under Article 51 of the United Nations Char23 ter, the President is authorized to direct the

24 drawdown of defense articles from the stocks of the

25 Department of Defense, defense services of the De-
4

HR 4290 IH

1 partment of Defense, and military education and

2 training in order to provide assistance to the Gov3 ernment of Bosnia and Herzegovina. Such assistance

4 shall be provided on such terms and conditions as

5 the President may determine.

6 (2) LIMITATION ON VALUE OF TRANSFERS.—

7 The aggregate value (as defined in section 664(m)

8 of the Foreign Assistance Act of 1961) of defense

9 articles, defense services, and military education and

10 training provided under this subsection may not ex11 ceed $200,000,000.

12 (3) EXPIRATION OF AUTHORIZATION.—The au13 thority provided to the President in paragraph (1)

14 expires at the end of fiscal year 1995.

15 (4) LIMITATION ON ACTIVITIES.—Members of

16 the United States Armed Forces who perform de17 fense services or provide military education and

18 training outside the United States under this sub19 section may not perform any duties of a combatant

20 nature, including any duties related to training and

21 advising that may engage them in combat activities.

22 (5) REPORTS TO CONGRESS.—Within sixty days

23 after any exercise of the authority of paragraph (1)

24 and every sixty days thereafter, the President shall

25 report in writing to the Speaker of the House of
5

HR 4290 IH

1 Representatives and the President pro tempore of

2 the Senate concerning the defense articles, defense

3 services, and military education and training being

4 provided and the use made of such articles, services,

5 and education and training.

6 (6) REIMBURSEMENT.—(A) Defense articles,

7 defense services, and military education and training

8 provided under this subsection shall be made avail9 able without reimbursement to the Department of

10 Defense except to the extent that funds are appro11 priated pursuant to subparagraph (B).

12 (B) There are authorized to be appropriated to

13 the President such sums as may be necessary to re14 imburse the applicable appropriation, fund, or ac15 count for the value (as defined in section 664(m) of

16 the Foreign Assistance Act of 1961) of defense arti17 cles, defense services, or military education and

18 training provided under this subsection.

Æ