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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) intro-
duced the following bill; which was referred to the Committee on Foreign
Affairs
A BILL
Providing for the self-defense of Bosnia and Herzegovina.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Bosnia and
Herzegovina Self-Defense Act of 1994’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) For the reasons stated in the conference re-
port on the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (H.R. 2333), the Con-
gress has found that continued application of an
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international arms embargo to the Government of
Bosnia and Herzegovina contravenes that Govern-
ment’s inherent right of individual or collective self-
defense under Article 51 of the United Nations
Charter and therefore is inconsistent with inter-
national law.
(2) Before deploying United States Armed
Forces to defend the territorial integrity and politi-
cal independence of Bosnia and Herzegovina, or to
enforce United Nations mandates in Bosnia and
Herzegovina, the United States should seek to pro-
vide the Government of Bosnia and Herzegovina
with the means necessary to exercise its inherent
right of self-defense.
SEC. 3. TERMINATION OF ARMS EMBARGO.
(a) TERMINATION.—The President shall terminate
the United States arms embargo of the Government of
Bosnia and Herzegovina upon receipt from that Govern-
ment of a request for assistance in exercising its right of
self-defense under Article 51 of the United Nations
Charter.
(b) DEFINITION.—As used in this section, the term
‘‘United States arms embargo of the Government of
Bosnia and Herzegovina’’ means the application to the
Government of Bosnia and Herzegovina of—
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(1) the policy adopted July 10, 1991, and pub-
lished in the Federal Register of July 19, 1991 (58
F.R. 33322) under the heading ‘‘Suspension of Mu-
nitions Export Licenses to Yugoslavia’’; and
(2) any similar policy being applied by the
United States Government as of the date of receipt
of the request described in subsection (a) pursuant
to which approval is denied for transfers of defense
articles and defense services to the former Yugo-
slavia.
SEC. 4. PROVISION OF UNITED STATES MILITARY ASSIST-
ANCE.
(a) POLICY.—The President should provide appro-
priate military assistance to the Government of Bosnia
and Herzegovina upon receipt from that Government of
a request for assistance in exercising its right of self-de-
fense under Article 51 of the United Nations Charter.
(b) AUTHORIZATION OF MILITARY ASSISTANCE.—
(1) DRAWDOWN
AUTHORITY.—If the Govern-
ment of Bosnia and Herzegovina requests United
States assistance in exercising its right of self-de-
fense under Article 51 of the United Nations Char-
ter, the President is authorized to direct the
drawdown of defense articles from the stocks of the
Department of Defense, defense services of the De-
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partment of Defense, and military education and
training in order to provide assistance to the Gov-
ernment of Bosnia and Herzegovina. Such assistance
shall be provided on such terms and conditions as
the President may determine.
(2) LIMITATION ON VALUE OF TRANSFERS.—
The aggregate value (as defined in section 664(m)
of the Foreign Assistance Act of 1961) of defense
articles, defense services, and military education and
training provided under this subsection may not ex-
ceed $200,000,000.
(3) EXPIRATION OF AUTHORIZATION.—The au-
thority provided to the President in paragraph (1)
expires at the end of fiscal year 1995.
(4) LIMITATION ON ACTIVITIES.—Members of
the United States Armed Forces who perform de-
fense services or provide military education and
training outside the United States under this sub-
section may not perform any duties of a combatant
nature, including any duties related to training and
advising that may engage them in combat activities.
(5) REPORTS TO CONGRESS.—Within sixty days
after any exercise of the authority of paragraph (1)
and every sixty days thereafter, the President shall
report in writing to the Speaker of the House of
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Representatives and the President pro tempore of
the Senate concerning the defense articles, defense
services, and military education and training being
provided and the use made of such articles, services,
and education and training.
(6) REIMBURSEMENT.—(A) Defense articles,
defense services, and military education and training
provided under this subsection shall be made avail-
able without reimbursement to the Department of
Defense except to the extent that funds are appro-
priated pursuant to subparagraph (B).
(B) There are authorized to be appropriated to
the President such sums as may be necessary to re-
imburse the applicable appropriation, fund, or ac-
count for the value (as defined in section 664(m) of
the Foreign Assistance Act of 1961) of defense arti-
cles, defense services, or military education and
training provided under this subsection.
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