104TH CONGRESS

1ST SESSION S. J. RES. 44

JOINT RESOLUTION

Concerning the Deployment of United States Armed Forces

in Bosnia and Herzegovina.

Whereas beginning on February 24, 1993, President Clinton

committed the United States to participate in implementing a peace agreement in Bosnia and Herzegovina without prior consultation with Congress;

Whereas the Republic of Bosnia and Herzegovina has been

unjustly denied the means to defend itself through the

imposition of a United Nations arms embargo;

Whereas the United Nations Charter restates ‘‘the inherent

right of individual and collective self-defense’’, a right denied the Republic of Bosnia and Herzegovina whose population has further suffered egregious violations of the

international law of war including ethnic cleansing by

Serbian aggressors, and the Convention on Prevention

and Punishment of the Crime of Genocide, to which the

United States Senate gave its advice and consent in

1986;

Whereas the United States Congress has repeatedly voted to

end the United States participation in the international

arms embargo on the Republic of Bosnia and

Herzegovina as the best way to achieve a military balance
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and a just and stable peace without the deployment of

United States Armed Forces in Bosnia and Herzegovina;

Whereas the Republic of Bosnia and Herzegovina, the Republic of Croatia, and the Federal Republic of Yugoslavia

initialed the General Framework Agreement and Associated Annexes on November 21, 1995 in Dayton, Ohio,

after repeated assurances that the United States would

send troops to assist in implementing that agreement;

Whereas three dedicated American diplomats—Bob Frasure,

Joe Kruzel, and Nelson Drew—lost their lives in the

American-led diplomatic effort which culminated in the

General Framework Agreement;

Whereas as part of the negotiations which led to the General

Framework Agreement, the United States has made a

commitment to ensure that the Federation of Bosnia and

Herzegovina is armed and trained to provide for its own

defense, and that commitment should be honored;

Whereas the mission of the NATO Implementation Force is

to create a secure environment to provide Bosnia and

Herzegovina an opportunity to begin to establish a durable peace, which requires the Federation of Bosnia and

Herzegovina to be able to provide for its own defense;

Whereas the objective of the United States in deploying United States Armed Forces to Bosnia and Herzegovina can

only be successful if the Federation of Bosnia and

Herzegovina is armed and trained to provide for its own

defense after the withdrawal of the NATO Implementation Force and the United States Armed Forces;

Whereas in deciding to participate in implementation of the

General Framework Agreement in Bosnia and

Herzegovina, President Clinton has cited American inter-
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ests including maintaining its leadership in NATO, preventing the spread of the conflict, stopping the tragic loss

of life, and fulfilling American commitments; and

Whereas on December 3, 1995, President Clinton approved

Operation Joint Endeavor and deployment of United

States Armed Forces to Bosnia and Herzegovina began

immediately thereafter: Now, therefore, be it

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 SECTION 1. SUPPORT FOR UNITED STATES ARMED

4 FORCES.

5 The Congress unequivocally supports the men and

6 women of our Armed Forces who are carrying out their

7 missions in support of peace in Bosnia and Herzegovina

8 with professional excellence, dedicated patriotism and ex9 emplary bravery, and believes they must be given all nec10 essary resources and support to carry out their mission

11 and ensure their security.

12 SEC. 2. DEPLOYMENT OF UNITED STATES ARMED FORCES.

13 (a) LIMITATION.—Notwithstanding reservations ex14 pressed about President Clinton’s decision to deploy Unit15 ed States Armed Forces to Bosnia and Herzegovina and

16 recognizing that—

17 (1) the President has decided to deploy United

18 States Armed Forces to implement the General

19 Framework Agreement in Operation Joint Endeavor

20 citing American interests in preventing the spread of
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1 conflict, maintaining its leadership in NATO, stop2 ping the tragic loss of life, and fulfilling American

3 commitments;

4 (2) the deployment of United States Armed

5 Forces has begun; and

6 (3) preserving United States credibility is a

7 strategic interest,

8 the President may only fulfill his commitment to deploy

9 United States Armed Forces in Bosnia and Herzegovina

10 for approximately one year to implement the General

11 Framework Agreement and Military Annex, pursuant to

12 this resolution, subject to the conditions in subsection (b).

13 (b) REQUIREMENT FOR DETERMINATION.—Before

14 acting pursuant to this resolution, the President shall

15 make available to the Speaker of the House of Representa16 tives and the President pro tempore of the Senate, his de17 termination that—

18 (1) the mission of the NATO Implementation

19 Force and United States Armed Forces deployed in

20 Bosnia and Herzegovina will be limited to implemen21 tation of the military provisions of the Military

22 Annex to the General Framework Agreement and

23 measures deemed necessary to protect the safety of

24 the NATO Implementation Force and United States

25 Armed Forces;
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1 (2) an integral part of the successful accom2 plishment of the United States objective in Bosnia

3 and Herzegovina in deploying and withdrawing Unit4 ed States Armed Forces is the establishment of a

5 military balance which enables the Federation of

6 Bosnia and Herzegovina to provide for its own de7 fense without depending on United States or other

8 outside forces; and

9 (3) the United States will lead an immediate

10 international effort, separate and apart from the

11 NATO Implementation Force and consistent with

12 United Nations Security Council Resolution 1021

13 and the General Framework Agreement and Associ14 ated Annexes, to provide equipment, arms, training

15 and related logistics assistance of the highest pos16 sible quality to ensure the Federation of Bosnia and

17 Herzegovina can provide for its own defense, includ18 ing, as necessary, using existing military drawdown

19 authorities and requesting such additional authority

20 as may be necessary.

21 SEC. 3. REPORT ON EFFORTS TO ENABLE THE FEDERA22 TION OF BOSNIA AND HERZEGOVINA TO PRO23 VIDE FOR ITS OWN DEFENSE.

24 (a) Within 30 days after enactment, the President

25 shall submit a detailed report on his plan to assist the
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1 Federation of Bosnia to provide for its own defense, in2 cluding the role of the United States and other countries

3 in providing such assistance. Such report shall include an

4 evaluation of the defense needs of the Federation of

5 Bosnia and Herzegovina, including, to the maximum ex6 tent possible—

7 (1) the types and quantities of arms, spare

8 parts, and logistics support required to establish a

9 stable military balance prior to the withdrawal of

10 United States Armed Forces;

11 (2) the nature and scope of training to be pro12 vided;

13 (3) a detailed description of the past, present

14 and future United States role in ensuring that the

15 Federation of Bosnia and Herzegovina is provided

16 as rapidly as possible with equipment, training, arms

17 and related logistic assistance of the highest possible

18 quality;

19 (4) administration plans to use existing military

20 drawdown authority, and other assistance authorities

21 pursuant to section 2(b)(3); and

22 (5) specific or anticipated commitments by

23 third countries to provide arms, equipment or train24 ing to the Federation of Bosnia and Herzegovina.
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1 (b) The report shall be submitted in unclassified

2 form, but may contain a classified annex.

3 SEC. 4. REPORTS TO CONGRESS ON MILITARY ASPECTS OF

4 IMPLEMENTATION OF THE GENERAL FRAME5 WORK AGREEMENT.

6 (a) Thirty days after enactment, and at least once

7 every 60 days thereafter, the President shall submit to the

8 Congress a report on the status of the deployment of Unit9 ed States Armed Forces in Bosnia and Herzegovina, in10 cluding a detailed description of—

11 (1) criteria for determining success for the de12 ployment;

13 (2) the military mission and objectives;

14 (3) milestones for measuring progress in achiev15 ing the mission and objectives;

16 (4) command arrangements for United States

17 Armed Forces;

18 (5) the rules of engagement for United States

19 Armed Forces;

20 (6) the multilateral composition of forces in

21 Bosnia and Herzegovina;

22 (7) the status of compliance by all parties with

23 the General Framework Agreement and Associated

24 Annexes, including Article III of Annex 1–A con-
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1 cerning the withdrawal of foreign forces from Bosnia

2 and Herzegovina;

3 (8) all incremental costs of the Department of

4 Defense and any costs incurred by other Federal

5 agencies, for the deployment of United States Armed

6 Forces in Bosnia and Herzegovina, including sup7 port for the NATO Implementation Force;

8 (9) the exit strategy to provide for complete

9 withdrawal of United States Armed Forces in the

10 NATO Implementation Force, including an esti11 mated date of completion; and

12 (10) a description of progress toward enabling

13 the Federation of Bosnia and Herzegovina to pro14 vide for its own defense.

15 (b) Such reports shall include a description of any

16 changes in the areas listed in (a)(1) through (a)(10) since

17 the previous report, if applicable, and shall be submitted

18 in unclassified form, but may contain a classified annex.

19 SEC. 5. REPORTS TO CONGRESS ON NON-MILITARY AS20 PECTS OF IMPLEMENTATION OF THE GEN21 ERAL FRAMEWORK AGREEMENT.

22 (a) Thirty days after enactment, and at least once

23 every 60 days thereafter, the President shall submit to the

24 Congress a report on—
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1 (1) the status of implementation of non-military

2 aspects of the General Framework Agreement and

3 Associated Annexes, especially Annex 10 on Civilian

4 Implementation, and of efforts, which are separate

5 from the Implementation Force, by the United

6 States and other countries to support implementa7 tion of the non-military aspects. Such report shall

8 include a detailed description of—

9 (A) progress toward conducting of elec10 tions;

11 (B) the status of return of refugees and

12 displaced persons;

13 (C) humanitarian and reconstruction ef14 forts;

15 (D) police training and related civilian se16 curity efforts, including the status of implemen17 tation of Annex 11 regarding an international

18 police task force; and

19 (E) implementation of Article XIII of

20 Annex 6 concerning cooperation with the Inter21 national Tribunal for the Former Yugoslavia

22 and other appropriate organizations in the in23 vestigation and prosecution of war crimes and

24 other violations of international humanitarian

25 law;
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1 (2) the status of coordination between the High

2 Representative and the Implementation Force Com3 mander;

4 (3) the status of plans and preparation for the

5 continuation of civilian activities after the with6 drawal of the Implementation Force;

7 (4) all costs incurred by all United States Gov8 ernment agencies for reconstruction, refugee, hu9 manitarian, and all other non-military bilateral and

10 multilateral assistance in Bosnia and Herzegovina;

11 and

12 (5) United States and international diplomatic

13 efforts to contain and end conflict in the former

14 Yugoslavia, including efforts to resolve the status of

15 Kosova and halt violations of internationally-recog16 nized human rights of its majority Albanian popu17 lation.

18 (b) Such reports shall be submitted in unclassified

19 form, but may contain a classified annex.

Passed the Senate December 13, 1995.

Attest:

Secretary.
104TH CONGRESS

1ST SESSION S. J. RES. 44

JOINT RESOLUTION

Concerning the Deployment of United States

Armed Forces in Bosnia and Herzegovina