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104TH CONGRESS

1ST SESSION S. J. RES. 44

IN THE SENATE OF THE UNITED STATES

DECEMBER 29, 1995

Mr. DOLE (for himself, Mr. MCCAIN, Mr. DASCHLE, Mr. LIEBERMAN, Mr.

MOYNIHAN, Mrs. FEINSTEIN, and Mr. EXON) introduced the following

joint resolution; which was read twice, considered, read the third time,

and passed

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
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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

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
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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 interests 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 Unit-
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1 ed States Armed Forces to Bosnia and Herzegovina and

2 recognizing that—

3 (1) the President has decided to deploy United

4 States Armed Forces to implement the General

5 Framework Agreement in Operation Joint Endeavor

6 citing American interests in preventing the spread of

7 conflict, maintaining its leadership in NATO, stop8 ping the tragic loss of life, and fulfilling American

9 commitments;

10 (2) the deployment of United States Armed

11 Forces has begun; and

12 (3) preserving United States credibility is a

13 strategic interest,

14 the President may only fulfill his commitment to deploy

15 United States Armed Forces in Bosnia and Herzegovina

16 for approximately one year to implement the General

17 Framework Agreement and Military Annex, pursuant to

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

19 (b) REQUIREMENT FOR DETERMINATION.—Before

20 acting pursuant to this resolution, the President shall

21 make available to the Speaker of the House of Representa22 tives and the President pro tempore of the Senate, his de23 termination that—

24 (1) the mission of the NATO Implementation

25 Force and United States Armed Forces deployed in
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1 Bosnia and Herzegovina will be limited to implemen2 tation of the military provisions of the Military

3 Annex to the General Framework Agreement and

4 measures deemed necessary to protect the safety of

5 the NATO Implementation Force and United States

6 Armed Forces;

7 (2) an integral part of the successful accom8 plishment of the United States objective in Bosnia

9 and Herzegovina in deploying and withdrawing Unit10 ed States Armed Forces is the establishment of a

11 military balance which enables the Federation of

12 Bosnia and Herzegovina to provide for its own de13 fense without depending on United States or other

14 outside forces; and

15 (3) the United States will lead an immediate

16 international effort, separate and apart from the

17 NATO Implementation Force and consistent with

18 United Nations Security Council Resolution 1021

19 and the General Framework Agreement and Associ20 ated Annexes, to provide equipment, arms, training

21 and related logistics assistance of the highest pos22 sible quality to ensure the Federation of Bosnia and

23 Herzegovina can provide for its own defense, includ24 ing, as necessary, using existing military drawdown
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1 authorities and requesting such additional authority

2 as may be necessary.

3 SEC. 3. REPORT ON EFFORTS TO ENABLE THE FEDERA4 TION OF BOSNIA AND HERZEGOVINA TO PRO5 VIDE FOR ITS OWN DEFENSE.

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

7 shall submit a detailed report on his plan to assist the

8 Federation of Bosnia to provide for its own defense, in9 cluding the role of the United States and other countries

10 in providing such assistance. Such report shall include an

11 evaluation of the defense needs of the Federation of

12 Bosnia and Herzegovina, including, to the maximum ex13 tent possible—

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

15 parts, and logistics support required to establish a

16 stable military balance prior to the withdrawal of

17 United States Armed Forces;

18 (2) the nature and scope of training to be pro19 vided;

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

21 and future United States role in ensuring that the

22 Federation of Bosnia and Herzegovina is provided

23 as rapidly as possible with equipment, training, arms

24 and related logistic assistance of the highest possible

25 quality;
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1 (4) administration plans to use existing military

2 drawdown authority, and other assistance authorities

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

4 (5) specific or anticipated commitments by

5 third countries to provide arms, equipment or train6 ing to the Federation of Bosnia and Herzegovina.

7 (b) The report shall be submitted in unclassified

8 form, but may contain a classified annex.

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

10 IMPLEMENTATION OF THE GENERAL FRAME11 WORK AGREEMENT.

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

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

14 Congress a report on the status of the deployment of Unit15 ed States Armed Forces in Bosnia and Herzegovina, in16 cluding a detailed description of—

17 (1) criteria for determining success for the de18 ployment;

19 (2) the military mission and objectives;

20 (3) milestones for measuring progress in achiev21 ing the mission and objectives;

22 (4) command arrangements for United States

23 Armed Forces;

24 (5) the rules of engagement for United States

25 Armed Forces;
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1 (6) the multilateral composition of forces in

2 Bosnia and Herzegovina;

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

4 the General Framework Agreement and Associated

5 Annexes, including Article III of Annex 1–A con6 cerning the withdrawal of foreign forces from Bosnia

7 and Herzegovina;

8 (8) all incremental costs of the Department of

9 Defense and any costs incurred by other Federal

10 agencies, for the deployment of United States Armed

11 Forces in Bosnia and Herzegovina, including sup12 port for the NATO Implementation Force;

13 (9) the exit strategy to provide for complete

14 withdrawal of United States Armed Forces in the

15 NATO Implementation Force, including an esti16 mated date of completion; and

17 (10) a description of progress toward enabling

18 the Federation of Bosnia and Herzegovina to pro19 vide for its own defense.

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

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

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

23 in unclassified form, but may contain a classified annex.
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1 SEC. 5. REPORTS TO CONGRESS ON NON-MILITARY AS2 PECTS OF IMPLEMENTATION OF THE GEN3 ERAL FRAMEWORK AGREEMENT.

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

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

6 Congress a report on—

7 (1) the status of implementation of non-military

8 aspects of the General Framework Agreement and

9 Associated Annexes, especially Annex 10 on Civilian

10 Implementation, and of efforts, which are separate

11 from the Implementation Force, by the United

12 States and other countries to support implementa13 tion of the non-military aspects. Such report shall

14 include a detailed description of—

15 (A) progress toward conducting of elec16 tions;

17 (B) the status of return of refugees and

18 displaced persons;

19 (C) humanitarian and reconstruction ef20 forts;

21 (D) police training and related civilian se22 curity efforts, including the status of implemen23 tation of Annex 11 regarding an international

24 police task force; and

25 (E) implementation of Article XIII of

26 Annex 6 concerning cooperation with the Inter-
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1 national Tribunal for the Former Yugoslavia

2 and other appropriate organizations in the in3 vestigation and prosecution of war crimes and

4 other violations of international humanitarian

5 law;

6 (2) the status of coordination between the High

7 Representative and the Implementation Force Com8 mander;

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

10 continuation of civilian activities after the with11 drawal of the Implementation Force;

12 (4) all costs incurred by all United States Gov13 ernment agencies for reconstruction, refugee, hu14 manitarian, and all other non-military bilateral and

15 multilateral assistance in Bosnia and Herzegovina;

16 and

17 (5) United States and international diplomatic

18 efforts to contain and end conflict in the former

19 Yugoslavia, including efforts to resolve the status of

20 Kosova and halt violations of internationally-recog21 nized human rights of its majority Albanian popu22 lation.

23 (b) Such reports shall be submitted in unclassified

24 form, but may contain a classified annex.

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