S 18470 CONGRESSIONAL RECORD — SENATE December 13, 1995 the President to waive the funding re- would cut off funds in the U.S. Con- The PRESIDING OFFICER. Is there strictions if he determined United gress, and I still have that same atti- objection? The Chair hears none, and it States citizens were being held as pris- tude today. is so ordered. oners of war in Cambodia by North The PRESIDING OFFICER. The Mr. DOLE. Mr. President, let me in- Vietnam or the Viet Cong. This amend- question now occurs on H.R. 2606. The dicate that we now have had our first ment failed. Believe it or not, the question is: Shall the bill pass? vote. We would like to complete action amendment failed by 36 to 54, and Coo- The yeas and nays have been ordered. on the concurrent resolution authored per-Church passed, but only after troop The clerk will call the roll. by Senators HUTCHISON, NICKLES, and withdrawal had begun. The legislative clerk called the roll. others and then have that vote very Mr. President, while I understand op- The PRESIDING OFFICER (Mr. quickly if we can. I know a lot of peo- position to and disagreement with the CAMPBELL). Are there any other Sen- ple want to talk, but I think it is gen- President’s decision to send American ators in the Chamber who desire to eral debate. We would also like to have ground forces to Bosnia, I believe that vote? the vote on my joint resolution, the action to cut off funds for this deploy- The result was announced, yeas 22, Dole-McCain joint resolution, some- ment is wrong. It is wrong because it nays 77, as follows: time, hopefully by 6 o’clock this makes our brave young men and [Rollcall Vote No. 601 Leg.] evening. So that gives us about 5 hours of debate. We have already had a num- women bear the brunt of a decision not YEAS—22 made by them, but by the Commander ber of Members, I would say about 20 Brown Grassley Nickles Members, each requesting from 10 min- in Chief. Campbell Gregg Pressler I will vote against H.R. 2606, spon- Craig Hatfield Smith utes to 15 minutes to 90 minutes. sored by Representative HEFLEY, which D’Amato Helms Thomas Now, we are not going to be able to was passed by the House last month. Domenici Inhofe Thompson accommodate everybody, or I hope Faircloth Kempthorne Warner they can accommodate us, and I hope H.R. 2606 prohibits any use of Depart- Feingold Kyl ment of Defense funds for deployment Gramm Murkowski we can, as much as we can, keep our re- marks limited to 5 or 7 or 8 minutes, of United States Armed Forces on the NAYS—77 ground in Bosnia participating in the because if I just add up these requests, Abraham Exon Lugar this will take us beyond 6 o’clock, NATO implementation force—unless Akaka Feinstein Mack such funds have been specifically ap- Ashcroft Ford McCain probably 7 or 8 o’clock. And I would propriated by subsequent law. There Baucus Frist McConnell say as the Republican leader, we are Bennett Glenn Mikulski has been no appropriation for this oper- trying to accommodate the President Biden Gorton Moseley-Braun of the United States. So, hopefully, we ation, so the effect would be to cut off Bingaman Graham Moynihan funds to our troops who are on the way Bond Grams Murray will have cooperation on both sides. I Boxer Harkin Nunn think the Senator from Texas would or already on the ground in Bosnia. I Bradley Hatch Pell do not believe we should limit the like to have a vote about what, mid- Breaux Heflin Pryor afternoon, on her concurrent resolu- funds for food, supplies, and ammuni- Bryan Hollings Reid tion for our troops. It was wrong dur- Bumpers Hutchison Robb tion? Burns Inouye Rockefeller Mrs. HUTCHISON. Mr. President, ing Vietnam, and it is wrong now. Byrd Jeffords Roth yes, I would like to vote as early as we I believe that passing the Hefley res- Chafee Johnston Santorum can. I think most people are speaking olution would undermine our troops, as Coats Kassebaum Sarbanes in general terms so I think midafter- well as our credibility. Cochran Kennedy Shelby Cohen Kerrey Simon noon. And then I would like to see the I believe that even at this late date, Conrad Kerry Simpson final vote on yours around 5 so that the the Congress can play a constructive Coverdell Kohl Snowe House could have the opportunity, if role—supporting the troops by enhanc- Daschle Lautenberg Specter that is possible. ing their prospects for a timely and DeWine Leahy Stevens Dodd Levin Thurmond Mr. DOLE. We will do our best. safe withdrawal, and ensuring that Dole Lieberman Wellstone Mr. DASCHLE addressed the Chair. there is a military balance upon the de- Dorgan Lott The PRESIDING OFFICER. The mi- parture of our forces. So, the bill (H.R. 2606) was rejected. nority leader is recognized. President Clinton does not have an Mr. DOLE. Mr. President, I move to Mr. DASCHLE. Let me just add to exit strategy for our troops. Let us be reconsider the vote. what the majority leader said. Obvi- clear: A date is not an exit strategy. In Mr. DASCHLE. I move to lay that ously, a lot of Senators wish to speak, my view, it would be irresponsible to motion on the table. for good reason, about this issue and on send thousands of American forces in The motion to lay on the table was these resolutions. I hope, though, that without a concrete plan to bring them agreed to. we could accommodate all Senators out. We will be debating that at a later who wish to speak by shortening the f time. length of our statements to the extent Furthermore, we need to do what we that it is practical to do so. Obviously, can to make certain that the sacrifices EXPRESSING OPPOSITION OF CON- GRESS TO PRESIDENT CLINTON’S we will have more opportunities once being made now—by our men and the resolution passes to come to the women in uniform, by the U.S. tax- PLANNED DEPLOYMENT OF GROUND FORCES TO BOSNIA floor and continue this exchange and to payer—are not for nought. It would be continue to express ourselves. inexcusable to undertake this immense The Senate continued with the con- But if we are going to allow every endeavor, only to leave Bosnia, a year sideration of the concurrent resolution. Senator an opportunity to speak, we later, in the same situation it is in The PRESIDING OFFICER. The Sen- are going to be constrained somewhat now—virtually defenseless and at the ate will now resume consideration of in the time allotted for each Senator. mercy of its bigger and stronger neigh- Senate Concurrent Resolution 35, of- So I hope everyone will bear that in bors. fered by the Senator from Texas, Mrs. mind and cooperate to the extent it is Later today, we will have an oppor- HUTCHISON. possible so that we can have a vote at tunity to vote on the Hutchison-Inhofe Mr. DOLE addressed the Chair. the earliest possible time. and Dole-McCain resolutions. Now, we The PRESIDING OFFICER. The ma- I yield the floor. should speak decisively in support of jority leader is recognized. Mrs. HUTCHISON. Mr. President, we our troops and defeat H.R. 2606. Mr. DOLE. Mr. President, I ask unan- need to get aunanimous consent on the This is not the way to go—cutting off imous consent the Senate resume con- next sequence of speakers. I wish to do funds. As I have said, in all the debates sideration of Senate Concurrent Reso- that so that people know how to plan that I have engaged in, these are the lution 35 and it be in order for this Sen- their afternoon. records of my votes between 1969 and ator to offer my Senate joint resolu- This is the second list after the one 1973. It never seemed appropriate for tion and that no amendments or mo- that was agreed to earlier, and it would me, when you had young men like JOHN tions to commit be in order to either include Senator DEWINE, then FEIN- MCCAIN, a prisoner of war, that we vehicle. STEIN, then LOTT, then BIDEN, then December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18471

ASHCROFT, KOHL, HATFIELD, LEVIN, along with the President’s decision as Bosnians, Serbians, and Croatians INHOFE, BYRD, FAIRCLOTH, WELLSTONE, our Commander in Chief will have came to Dayton because they sought D’AMATO, MURRAY, LEAHY, SIMON, great historic significance, affecting an end to the fighting. The peace BRADLEY, and NUNN, and there will be not only the short-term prospect of agreement reached in Ohio is their Republicans between MURRAY, LEAHY, peace in the Balkans but also the long- peace, not a peace that the United SIMON, BRADLEY, and NUNN. Senator term role of America in NATO and as a States or any other nation is imposing MURKOWSKI would be after Senator worldwide leader. upon them. The Dayton agreement is BYRD. I ask unanimous consent that we Some seem to believe that some of us quite clear about what is expected of put that order in place so that people who have served our country in the each of the signatory parties. If the can begin to plan. And I urge, but do past by being placed in harm’s way agreement is broken by any of the not ask for unanimous consent, that have some special insight or superior three parties, we and the other peace- people hold their remarks to 5 minutes wisdom or license to be holier than keeping nations are under no obliga- so that everyone will have a chance, thou in these decisions. Our wartime tion or commitment to remain in that with the hope that we would be able to experience provides us with just that— troubled country. More importantly, vote around midafternoon on the experience—but not necessarily a the military tasks required of our Hutchison-Inhofe resolution and then priviledged status in reasoned decision- troops in Bosnia have been explicitly around 5 on the Dole-McCain resolu- making because of our past valor. set forth and can be accomplished While the perils of participation in tion. within 12 months, the 12-month time- the international peacekeeping force in The PRESIDING OFFICER. Is there frame set by the administration. Our Bosnia are unquestionable, I believe a an objection? The Chair hears none, peacekeeping troops will be in Bosnia reasonable case has been made for the and the additional Senators will be to assist in the separation of forces deployment of American troops there. along a 4-kilometer demilitarized zone added to the list. Once the three parties sign the peace of separation. We will assist in trans- Mrs. HUTCHISON. I thank the Chair. agreement in Paris on Thursday. For ferring of territories as called for in Mr. EXON addressed the Chair. me, the debate boils down to this The PRESIDING OFFICER. Under the Dayton agreement. We will be central question: By risking the safety there to break the cycle of violence and the previous order, the Senator from of American troops in the next year do ensure that all sides are living up to Nebraska [Mr. EXON] is recognized. we avoid an even greater threat to our Mr. President, for the past few national security interests and possible the requirements of the Dayton accord. weeks, military and civilian officials loss of life in the future? That is a Our ground troops will not be in Bosnia from the administration have come to judgment call. There is no certainty. as a police force. They will not be Congress to make the case as to why The question is: Will this stitch in time asked to disarm militias or move refu- United States ground troops must be a save nine? gees or deliver aid. Nor will they be re- central part of the international peace- If the United States was to renege on quired to perform many of the civilian keeping force that will go to Bosnia its promise by its President and con- tasks set forth in the Dayton agree- following the formal signing of the stitutional Commander in Chief to join ment, such as economic reconstruc- Dayton peace accord this Thursday in 27 other nations in the NATO-led tion, supervising new elections, or Paris. To date, I have withheld final peacekeeping force, I am concerned the bringing about a military force balance judgment on the advisability of this ac- consequences would be dramatic and ir- among the three entities within tion and kept an open mind to argu- revocably harmful to the pursuit of Bosnia. These tasks will be performed ments on both sides of the debate. I lis- peace and the furtherance of our secu- by nongovernmental organizations and tened closely to President Clinton’s na- rity interests. If the United States does other nations. In short, the United tional address on Bosnia and have dis- not followthrough with its commit- States military mission in Bosnia is cussed, in both public and private ment to provide one-third of the narrow, specific, finite in length, and, forum, some of my concerns with mem- Bosnian peacekeeping force, it would most importantly, unencumbered by bers of his cabinet and top military ad- be the end of American leadership in any limitations on American unit com- visers. In addition, I have sought and NATO, and likely the end of NATO it- manders to preemptively strike at hos- received the advice of my constituents self. NATO has been a stabilizing force tile forces and otherwise defend our in Nebraska, many of whom are mem- for peace for 50 years. To pull the rug forces using whatever means necessary. bers of the Armed Forces or have rel- out from under it now at a time when Secretary of Defense Perry, Chair- atives in the services. a peace agreement has been brokered man of the Joint Chiefs, General I have been impressed by the biparti- that will hopefully end a brutal 3-year Shalikashvili, Secretary of State san leadership on this issue by Major- war filled with ethnic cleansing, rape, Christopher, and Ambassador ity Leader BOB DOLE and Senator mass executions, and torture would be Holbrooke have gone the extra mile in MCCAIN. I support their bipartisan unconscionable. To scuttle the agree- my opinion to spell out as best they amendment. ment now would throw the region back can all the intricacies of our involve- The facts are that the President has into the horrific morass of war, guar- ment in the implementation force. exercised his constitutional authority anteeing more civilian deaths, more Over many long congressional hearings to dispatch troops to Bosnia. What we refugees, more instability in Europe, they have detailed how our troops are do by vote here today does not start and the very distinct possibility that being trained and prepared for mission, nor can it stop troop deployment. It’s a the fighting will spread and soon en- how and when the forces will enter the done deal whether we like it or not. snare other bordering nations, allies of region and the Tuzla Zone, the steps I have carefully deliberated on the the United States, into armed conflict involved with implementing the mili- question of blessing or condemning the with one another. Opponents of the tary tasks set forth in the peace agree- deployment of American peacekeepers President’s policy are fond of delving ment, the time line for transitioning to in Bosnia. I believe there is no more into history to discuss centuries old peace, and our exit strategy and have solemn an action the President can animosities that exist between the all been spelled out. The administra- take or we as Senators can take or warring factions in Bosnia. Let us not tion has been as forthcoming as pos- vote to endorse the process. The de- conveniently skip over, however, the sible in addressing congressional con- ployment of American men and women lessons of World War I and what hap- cerns with respect to rules of engage- overseas into a potentially harmful en- pens when one regional ethnic conflict, ment, the additive cost of the oper- vironment even though it is advisory, left unchecked, draws in other nations, ation, the command and control of our is a legislative action that requires which in turn brings still other nations forces, and so forth. The steps also particular care and a need for thought- to arms. European incubation of World have been spelled out that will be ful introspection that is typically not War I and World War II eventually cost taken to bring about a balance of mili- required in the conduct of our day-to- us 522,000 deaths and 875,000 in military tary power in the region once the day business. Let no one be under any casualties. Whether or not we like it, it peacekeeping force is withdrawn. allusions, the collective voice of Con- is clear what happens in Europe does Mr. President, no military operation gress on the issue of troops to Bosnia affect us. is risk free. Even during peacetime, we S 18472 CONGRESSIONAL RECORD — SENATE December 13, 1995 lose scores of men and women each ing in peace-keeping forces at the invi- believe the two may be very different, year due to training mishaps and other tation of the previous warring parties. particularly in a post-cold-war world. duty-related accidents. Life in the If we were to renege now, America Others say, because without us there Armed Forces is inherently dangerous. would lose its world respect and surely will be no peace. But where have we Like law enforcement and firefighting, darken and make more somber other been for the last 3 years, and do we they are professionals. The profession challenges in the future that could really believe that we can create peace of soldier is also a voluntary one, filled come home to haunt us. among people who do not want it? Do with uncertainty and peril. That is the I urge support for the bipartisan we really believe that our presence for history of service to the United States amendment offered and led by the ma- 12 months—for 1 year—will suddenly of America. There are no guarantees jority leader and the Senator from Ari- make the warring factions who have about what will happen in Bosnia in zona. been at it for nearly 500 years suddenly the next 12 months. With or without Mr. President, I yield back the re- forget what they and their ancestors congressional authorization, the Presi- mainder of my time, and I yield the have been fighting for and live as dent of the United States, as our Na- floor. neighbors peacefully? I do not believe tion’s Commander in Chief, has the The PRESIDING OFFICER. Under so. Mr. President, the situation in constitutional authority to commit the previous order, the Senator from Bosnia, no matter how tragic, does not troops to the multinational operation Tennessee [Mr. FRIST] is recognized. equate to a vital national interest. in Bosnia. He has done that. Mr. FRIST. Mr. President, I rise to A second question: What is Congress’ Over the past 3 years a large number discuss the issue of American troops in role under the Constitution in the de- of Senators have taken to this floor Bosnia and Herzegovina. I respectfully, termination to send combat troops into and given an even greater number of but strongly, disagree with the Presi- a conflict such as the one we face in speeches deploring the bloodshed in dent’s decision to deploy U.S. troops Bosnia? Bosnia and the desperate need to do there. It was the wrong decision. And it Certainly the President has the au- something—anything—to end the fight- is that decision that I will address in thority to deploy forces in situations ing, end the ethnic cleansing, end the the next few moments. requiring immediate action, especially raping, end the mass executions. Now, However, before I do, I want to make in situations where vital national in- after years of handwriting, a window of it as clear as possible that I am 100 per- terests are threatened. But committing opportunity has presented itself to see cent behind our troops now that the 20,000 American troops to hostile terri- that the ceasefire becomes a peace and commitment has been made and the tory in an action where no vital U.S. that the peace, in turn, can mature process has begun to deploy them. I interest is at stake, where there is no into lasting stability and the restora- will support them and their efforts in clearly defined goal or mission, where tion of a nation figuratively and lit- every way possible. I will work to see the factions have been warring for cen- erally bled dry. I hope that those same that their mission is a narrow one, that turies, where the situation, since the Senators who called for action are now the exit strategy is clearly defined, and initialing of the peace agreement, has ready to get behind the President’s pol- that they return home as quickly and clearly deteriorated and where casual- icy. The reality is that for this process safely as possible. ties, by the administration’s own ad- to succeed, our Nation’s leadership is There are several unsettling aspects mission, are certain, in my view, neces- essential. We cannot simply wish for a of the President’s plan to send troops sitated first a full and fair discussion happy ending in Bosnia. If we want the to Bosnia. They are questions that, in between the executive branch and Con- United States to continue to be the other circumstances, would have been gress. We owe that to the American world’s preeminent power, if we want asked and answered during open and people and particularly to the Amer- NATO to remain strong and relevant public congressional debate. Unfortu- ican service men and women. into the 21st century, if we want to pre- nately, that debate has effectively been The need for an open debate on this vent the Bosnian war from rekindling denied to the American people by the matter is further highlighted when we and potentially spreading into neigh- President’s unilateral action in com- focus on the peace accord that was boring countries, then the United mitting American troops to foreign reached in Dayton. There are real ques- States cannot disengage itself and soil. But I still think it is important to tions as to whether a bifurcated stand on the sidelines and act as a crit- ask these questions because, perhaps if Bosnian state will survive or, more im- ic. they are asked this time, then next portantly, whether two separate politi- Mr. President, preserving stability on time they will be answered before we cal entities can function as one coun- the European continent and strength- take action. try without the constant presence of ening NATO is in America’s national The first question: Is this action in troops to keep the peace. security interests. If it was not, then the vital national interest of the Unit- Even if the Bosnian conflict did in- we should bring home the 100,000 Amer- ed States? Vital national interests can volve the vital interests of the United icans we have stationed there, close be clearly and specifically defined. States, I am concerned that the under- dozens of bases, and cut our $264 billion They include defense of U.S. territory, lying peace agreement is fundamen- national defense budget by a healthy support of allies who are threatened, tally flawed. Already we have seen percentage. But I suspect that those support of treaty obligations, or pro- towns burned, American flags burned, who are critical of the President’s pol- tection of economic interests, inter- and demonstrations against the Day- icy would squeal loudly over such a national waters or U.S. citizens in op- ton accord because this is a forced suggestion. Well, Mr. President, you erations abroad. In other words, Mr. peace. And, Mr. President, the fact cannot have it both ways. If we do not President, vital national interests are that we are sending our troops to sup- want to be the leader of NATO, then we interests clearly worth fighting and port this imposed peace plan with little should withdraw our forces and cut our dying for. debate in Congress and virtually no defense budget. If we want to stop the I listened to much of the debate yes- support from the American people slaughter of innocent men, women, and terday and today and heard many of troubles me greatly. children in Bosnia, we must be willing my colleagues address this very issue. Third, and perhaps most impor- to act, even if it means assuming some Time and time again, the debate re- tantly, how can we prevent this situa- risks. The world’s problems are often turned to the question of whether our tion from occurring again in the fu- complicated. Sometimes it is too much reasons for being in Bosnia would sat- ture? Before that question can be an- to expect antiseptic, risk-free solu- isfy the mother or the father whose son swered, we must first understand how tions, because they are unreasonable. or daughter is killed there and who we got to where we are. The slippery The alternative of isolationism is no turns to us directly and asks, ‘‘Why?’’ slope upon which we have now em- alternative, in my opinion, and only Like my colleagues, I have failed to barked began largely with the end of guarantees our Nation greater prob- hear a satisfactory answer. Some say the cold war, when the world reverted lems down the road. We are not declar- because our credibility is at stake. But to the ethnic, regional and subnational ing war, we are declaring peace in con- is it truly our credibility or perhaps violence that characterized it before junction with 27 other countries send- NATO’s credibility? Mr. President, I the rise of the bipolar world. December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18473 Unfortunately, at that time, America sion? Or will we finally define our in- So I am going to support this resolu- failed to define adequately the role it terests and our policies, so that when a tion because I believe it is the right would play. Instead, we began a pat- dangerous situation arises again—and thing to do, not because the President tern of committing U.S. forces on hast- it will—and when our credibility and is a Democrat. I would do the same for ily decided and hastily defined mis- vital national interests are truly on a Republican, as I have shown in the sions of peace, of peacekeeping or, the line, we will be fully prepared to past. tragically, the potential quagmire of defend them. There comes a time that we in Con- peacemaking without the advice, con- It’s an unfortunate and dangerous gress, despite our opinions about a sent or even the confidence of the Con- chapter in the life of our beloved de- President’s prerogatives, must lay our gress and the American people. mocracy, Mr. President, when we are criticisms aside. I have given plenty of In each instance, we have seen a told it was inappropriate to ask these criticism on this issue. This is a time, President obligate funds and scarce questions earlier, because the matter Mr. President, when, despite our opin- military resources and place U.S. lives had not been settled, and that is inap- ions, we must lay our criticism aside. on the line for missions well outside propriate to raise them now, because As I speak, troops are being deployed what can reasonably be called the vital the decision has already been made. in Bosnia. As I speak, troops are on national interest. And in each in- At what point do we have the chance their way to Bosnia by train and air- stance, rosy administration projections to answer those questions? When they plane and other vehicles. Whether this and lofty humanitarian goals bear no are placed before us, and when it may Bosnian peace agreement will be re- resemblance to the outcome of the mis- be too late? The question then be- corded in the history books as the end sions. Just look at Somalia and Haiti comes, Mr. President: At what point of a centuries-old conflict remains to today. They are sad mockeries of what will Americans define American inter- be seen. In the meantime, the Presi- we were promised they would become ests? I think the time has come to an- dent has made his decision, and I now once the most powerful military in the swer these questions now—before we believe all Americans should stand be- world cleaned them up. are faced with our next Bosnia. hind those whose lives will be on the So we again face the question, How is I thank the chair and I yield the line in Bosnia. it that we ultimately discover such a floor. A number of my colleagues have radical difference between the inten- The PRESIDING OFFICER. Under cited the war in Vietnam in their tions and the outcome and that the the previous order, the Senator from statements in opposition to the deploy- mission is murkier and the price too Nevada is recognized. ment in Bosnia. I also would draw a high? Mr. REID. Mr. President, there is a comparison between the two situa- In each and every instance, this dis- unanimous-consent order already in ef- tions, but for a different reason. The turbing and dangerous precedent has fect regarding the Senators who will fine young men and women who risked been reinforced, making it ever more speak. I ask unanimous consent that their lives and, in many cases, sac- likely that the pattern will be repeated the next grouping, following me, would rificed their lives in Vietnam had to again and again, with Congress offering be, first, a Republican, and that name perform their missions in the face of fewer and fewer objections under its will be supplied by the leader. After enormous disagreement at home about authority under the Constitution. that, Senator SARBANES, and then an- their presence overseas. They came It is very similar to the case whereby other Republican, and after that, Sen- home to protests, and they came home States’ rights fell by the wayside in the ator KERRY of Massachusetts. to anger. We should have learned by push for a stronger and ever more pow- The PRESIDING OFFICER. Without now that dissent at home costs Amer- erful Federal Government. objection, it is so ordered. ican lives, because dissent encourages In the absence of vital national inter- Mr. REID. Mr. President, as Members the enemy to kill Americans. Dissent ests, a lack of clear mission has com- of the Senate, the most important and at home costs American lives. bined with the lack of support of the really solemn votes that we cast are Our colleague, the distinguished sen- American people, and we have faced a those which put at risk the lives of ior Senator from Arizona, understands loss of American life. We have ended American servicemen and women. what a blow that kind of civilian de- these missions without reaching our I have long been concerned about the nunciation can mean to our military goals, without achieving any sem- conflict in Bosnia and the potential forces. His statements in this Chamber blance of peace and democracy, and at United States military role in ending gave me great pause, as I pondered the great cost to the real mission of our the conflict in Bosnia. Mr. President, I vote I must make relative to my own Armed Forces: To be ready to defend, have stated on many occasions on this personal misgivings. I commend Sen- with overwhelming force and resolve, floor, and in various places in the State ator MCCAIN, a war hero by any meas- the real threats to our life, liberty, and of Nevada, that I personally do not be- ure, for the work he has done on this well-being—or those of our allies. lieve that U.S. ground troops should be resolution. I understand that in Ari- Again, Mr. President, we need only committed to keep the peace in this zona the vast majority of people think look toward our recent experiences in centuries-old civil war in Europe. But the President’s decision is wrong. It is Somalia and Haiti. still, Mr. President, I recognize that I the same in Nevada. Therefore, it gives In each of these instances, United am not the Commander in Chief of the me even more pause to think how dif- States and Presidential credibility is armed services of the United States, ficult this was for Senator MCCAIN, but offered as a reason such ill-conceived nor does the President need congres- how right it was for Senator MCCAIN. initiatives cannot be opposed. In the sional approval to dispatch U.S. troops I also commend the distinguished case of Bosnia, the Congress and the on this type of a peace mission. majority leader for crafting a com- people are not even given the oppor- Mr. President, I am going to support promise that gives congressional sup- tunity to approve or disapprove—but the resolution that has been drafted by port for the deployment of troops, but simply to give our approval and com- the Senator from Arizona, the majority that better clarifies and defines the ment after the fact. Some argue that leader, and the ranking member of the U.S. mission and the criteria that will this is the President’s prerogative Armed Services Committee, Senator determine its success. under the Constitution, but it is not a NUNN. But I say that I support that res- This mission must not fall into the shining moment in the life of American olution, not because President Clinton trap of what is known as mission creep, democracy. We are asking America’s is in office and is a Democrat. I would where an initial goal grows vague and finest men and women to face possible remind my colleagues, that I stood extended. Our troops must go in with a death for a commitment outside of our here and was the first Democrat to clearly defined and achievable goal and national interests. publicly support the Desert Storm op- come out in a timely manner. This res- And finally, Mr. President, will we eration in Iraq. I was standing here, olution, the McCain-Dole-Nunn resolu- continue to commit our blood and and I received a call from then-Presi- tion certainly does that. treasure to every cause which captures dent Bush. I was getting ready to speak I intend, I think, along with a num- the moment, and which appeals to our on the floor. I told him that he did not ber of my other colleagues, to closely collective sense of justice and compas- have to ask me, I have already agreed. monitor the progress of the United S 18474 CONGRESSIONAL RECORD — SENATE December 13, 1995 States mission in Bosnia, to do it ment this morning did not mention his ing my support, I asked the President throughout the year. I look forward to own name. I understand that shows hu- what was the vital United States na- the return of the American troops— mility, but I want the record to reflect tional interest. He responded by com- hopefully before the year is out, cer- that of all the people who served in the menting on the widespread killing. tainly by the time the year is up. U.S. Senate who have records of hero- I said I was very concerned about the The commanders of NATO and the ism in service in the military, to our atrocities, the mass killings and geno- U.S. military leaders who trained our country, no record tops that of Senator cide, but asked him how that distin- troops for the mission have taken ROBERT DOLE. guished Bosnia from Rwanda or other every step possible to ensure the I do not want the men and women trouble spots around the world. Presi- troops’ security, but we know it would who go to Bosnia—not to make war but dent Clinton then warned about the be naive to think there will be no cas- to support a peace—to wonder whether conflict spreading to other nations of ualties and we will all grieve the loss of the American people support them, Central Europe. even one American life. But if there is whether this Congress supports them, I asked if that posed a security any lesson we learned from Vietnam, it and whether this Senator from Nevada threat to members of NATO, which is that we cannot send American supports them. I support them. would activate our treaty obligations troops overseas with a denunciation of The holiday season is upon us. My on the principle that an attack on one their mission. thoughts and my prayers are with the is an attack on all. The President said I choose now to support the Dole- families who will not be together this that he was not basing the national se- McCain resolution containing some de- year because of this deployment. We curity interest on a treaty obligation fined parameters for American involve- have seen them interviewed on CNN on that issue. ment rather than disagree with the and in other news stories, how they are In extended informal discussions President’s decision. going to spend Christmas away from with colleagues, some Senators have I was on the floor earlier today, right their wives and children and husbands. argued that a vital United States na- before the first vote, when the major- I commend the men and women who tional interest arises in a number of ity leader made a statement. He clear- will serve this Nation with honor and contexts. For example, some contend ly defined the resolution, and he talked courage in Bosnia. I do so with faith that the stability of Central Europe is about heroes. JOHN MCCAIN was one he and hope in their ability to achieve vital to U.S. security. Other Senators mentioned. He mentioned others. But this mission of bringing peace and sta- have said that an opportunity to in- it was interesting to note that he did bility to Europe. volve Russia in the joint action with not talk about himself. We have in this Chamber some people UNANIMOUS-CONSENT AGREEMENT NATO rises to the level of a vital na- who have sacrificed a great deal for our Mr. REID. Mr. President, I have a tional interest. Others say that there is country. Senator MCCAIN, of course, unanimous-consent request I would a vital United States national interest was a prisoner of war in Vietnam for 6 like to propound. in ousting the Iranians from Bosnia, so years, in solitary confinement for half I ask unanimous consent to add to that the fundamentalists do not gain a that time. We have other people who the sequence that has presently been foothold in that important region. sacrificed a great deal. Senator JOHN placed in the RECORD a Republican Former Secretary of State Henry CHAFEE was a hero in the Second World Senator; following that will be Senator Kissinger articulates a vital U.S. inter- War and the Korean conflict. Senator DODD; after that, a Republican Sen- est in the following way. HEFLIN saw service in the Second ator; after that, Senator BRYAN; after The paradox of the decision before Con- World War. Senator GLENN was a ma- that, a Republican Senator; after that, gress is that, while we have no inherent na- rine pilot in the Second World War, in Senator DORGAN; after that, a Repub- tional interest to justify the sending of lican Senator; after that, Senator troops, a vital national interest has been cre- Korea, and then, of course, was an as- ated by the administration’s policy. tronaut. We could go on and on with GLENN; after that, a Republican Sen- the list of people who sacrificed a great ator; after that, Senator HARKIN; after Dr. Kissinger continues: deal who now are serving their country that, a Republican Senator, and after If other nations cease to believe our assur- in the U.S. Senate. But I think it is in- that, Senator LAUTENBERG. ances, our capacity to shape events, to pro- The PRESIDING OFFICER. Without tect American security and values will be teresting to note Senator DOLE did not jeopardized. talk about himself. He has sacrificed as objection, it is so ordered. much as anyone in the service to his Under the previous order, the Sen- The problem with Dr. Kissinger’s country. During the Second World War, ator from Pennsylvania, Senator SPEC- analysis is that it gives the President he was wounded. He almost died. TER, is recognized. the power to create a vital national in- So I think the record should reflect Mr. SPECTER. Mr. President, the terest by unilaterally making an the courage of Senator DOLE in spon- most weighty factor in deciding how to American commitment without the soring this amendment and drafting vote on the Bosnian resolution is that consent of Congress in the context this resolution. It would have been United States troops will be deployed where the consent of Congress is nec- very easy for Senator DOLE—not only in Bosnia regardless of what Congress essary to bind the United States. My the majority leader but a Presidential does, since there are not enough votes own judgment is that those consider- candidate, who likely will be the Re- to cut off the funding. In fact, the ad- ations do not aggregate to a vital Unit- publican nominee for President next vanced troops are already in Bosnia. ed States national interest. year—to have taken the easy way out. Not only is the congressional vote U.S. national security is not immi- Would it not have been easy for him to nondeterminative, but the debate has nently threatened, and we are not the demagog this issue and to be opposed been advanced and the votes expedited world’s policeman. It may be that at to Bill Clinton? That would have been in the expectation that there will be some point there will be consideration the easy thing for ROBERT DOLE to do, some show of congressional support to to the deployment of U.S. troops for but he did not do that. It is because of bolster our troops’ morale. Certainly international moral commitments or what he did and what Senator MCCAIN we should do that. So that with the from some other standard, but the did that there are people like Senator troops on the way and the congres- vital national interest context has REID of Nevada, willing to swallow, sional vote nondeterminative, all the been that which has traditionally gov- maybe, a little bit of pride, and support Congress can do now is to make the erned the deployment of U.S. military this resolution about which these two best of it. personnel. So far, they are proposed to men, who are certifiable heroes, have After extensive discussions with my be only peacekeepers. But it is a short said: Our troops are on their way there. constituents, my colleagues in the Sen- distance from being peacekeepers to Some of them are already there. It is ate, and executive branch officials, it is being in harm’s way, and really, even wrong not to have this body support my view that the United States does being peacekeepers is in harm’s way, them in everything that they do while not have a vital national interest in with the troops that are already there they are there. Bosnia to justify sending United States being apprehensive about taking a step So I want the record to reflect the troops there. When President Clinton off a tarmac out of concern about step- fact that Senator DOLE in his state- called me, almost 21⁄2 weeks ago, seek- ping on a landmine. December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18475 In 1991 on this floor I had the privi- have learned from the bitter experience tional system of separation of powers lege to participate in the debate on the of Vietnam that the United States can- they have to be zealously guarded and resolution for the use of force as to the not prosecute a war, or really any ex- observed. But since the President is gulf war. I believe that it was indispen- tended military operation, without the not now usurping congressional au- sable that Congress pass on that mat- backing of the American people. And thority to involve the United States in ter, even though it was a Republican the first line of that determination is war, and since the votes are obviously President, President Bush, who in late to have the backing of the Congress. not present to cut off funding, we 1990 said a number of things about dis- The President chose not to do so. should make the best of the situation patching troops there involving the When we take a look at what our al- in formulating a resolution to support United States without congressional lies’ expectation has been, or should be, the troops, and demonstrate as much approval. But ultimately the President we have to note that repeatedly con- national unity as possible. did bring back the issue to the House gressional action in opposing President To the extent possible, the resolution and to the Senate. And we had debates Clinton’s Bosnia policy has put our al- should impose the maximum pressure about vital national interest. A num- lies squarely on notice that the Con- to strengthen the Bosnian Moslems ber of us were on the floor at that gress might well disavow the Presi- militarily to establish a balance of time—Senator WARNER, Senator NUNN, dent’s promises. It was plain on the power in that area so that our troops and others—and comments in the public record that the Congress voted may be withdrawn at the earliest prac- media were that it was a historic de- overwhelmingly to lift the arms em- tical date. An exit policy from Bosnia bate about what are United States bargo unilaterally to allow the Bosnian will turn on there being a balance of vital national interests. Moslems to defend themselves against power there. At least, in my own judgment, we Serbian atrocities. In the Senate we It is critical for the United States have not seen the establishment of the had a vote of 69 to 29. In the House the and its NATO allies to articulate a vital national interest in what we have vote was 298 to 128. All of that required plan for equipping and training the present today in Bosnia. But that is a a Presidential veto. And it was only Bosnian Army. Regrettably, the ad- judgment call like so many other judg- after those overwhelming votes oc- ministration has been reluctant to ar- ments that we have here. curred in both Houses of Congress that ticulate such a policy. But, in letters In the absence of a vital national in- the President’s policy in Bosnia was just publicized yesterday and today, we terest, it is my judgment that the Con- activated. may have those assurances. And those gress should support the troops, with- For a long period of time many of us assurances and that action ought to be out endorsing the President’s policy. had urged the executive branch to un- subject to the maximum possible con- Our congressional action should show dertake massive bombing using our gressional power and persuasion. as much national unity as possible tremendous air power, and we were met Arming the Bosnians is critical for two reasons. under the circumstances and project with the response that in the absence First, it will help ensure a balance of American leadership to the maximum of ground troops the bombing would power in the region—a balance that not be effective. Once that bombing extent possible consistent with con- currently favors Serbia and Croatia. gressional policy not to give the Presi- was initiated, however, quite the oppo- Second, the Bosnian Army must be dent a blank check. site occurred from what the adminis- armed before the NATO implementa- It is obviously going to be a tough tration and the Department of Defense tion force can leave. As former Under winter and a tough year for our troops officials had predicted, and it brought Secretary of Defense, Paul Wolfowitz, so we should be as supportive as pos- the Bosnian Serbs to their knees. It recently noted, ‘‘Until the Bosnians sible where they are concerned. brought them to the bargaining table. have the capability of defending them- I am encouraged by the testimony And this agreement has been worked selves, it will be impossible for us to presented to the Senate Intelligence out. withdraw without terrible con- Committee from the executive branch. But it is in this context of the very sequences.’’ We convened those hearings in the In- severe disagreement that has been ex- In addition, we should do our best to telligence Committee, which I chair. pressed by this Senator—and many use the current situation in Bosnia to The executive branch officials testified others on this floor and in the House of establish important international law that our troops will be authorized by Representatives—that the allies, the precedents against genocide, and to the rules of engagement to defend other party signatory to the agreement prosecute war criminals. themselves on their finding of hostile in Dayton, have been squarely on no- Bosnian-Serb leader Radovan intent rather than hostile action. tice that the Congress might well dis- Karadzic and army commander Ratko That means that our troops will not agree with the President. Mladic and others under indictment have to wait until they are shot at; but The institutional conflicts between should be brought to trial in the War they can take preemptive action if the Congress and the President on for- Crimes Tribunal. This is a unique op- they conclude that there is hostile in- eign policy have a long history. Many portunity to follow up on the Nurem- tent. The anticipation of hostile action have challenged the President’s actions berg precedent and to establish an gives them the discretion to make the in ordering United States troops to international rule of law. judgment that preemptive action is fight wars without congressional au- Since 1989 the United States has been warranted. thorization in Korea and Vietnam. The a signatory to the International Geno- It is obviously problemsome on U.S. War Powers Act was an effort to estab- cide Convention. The United States has international relationships for the Con- lish constitutional balance. But that been a leader in instituting the War gress to pull out the rug from the War Powers Act met with little suc- Crimes Tribunal. President’s unilateral commitments to cess. For years, I have pressed resolutions our allies. However, it is fundamental President Clinton took the initiative adopted by the Congress to set up an in our constitutional separation of in ordering an invasion of Haiti in the international criminal court with the power that the President’s authority in face of overwhelming congressional principal thrust to control inter- foreign policy and as Commander in resolutions expressing disapproval of national terrorism and drug dealing. Chief is limited by Congress’ authority that Presidential action. Fortunately, It has been my view that, while it has on appropriations and the declaration it turned out to be a bloodless invasion been impossible to get countries like of war. And the Founding Fathers were when potential opposition withdrew. Colombia to extradite to the United explicit in having that kind of a sepa- So, Mr. President, our allies have States, if there were an international ration of powers, and that is what we been on notice. Depending on future criminal court, that might be doable in are concerned about here today. events, the Congress may have to as- a practical political context. And we My preference, as I expressed it to sert its authority to cut off funding, if have yet to be able to put our hands on the President in our conversation, was we conclude that the President has ex- the Libyans under indictment for the that the President come to the Con- ceeded his authority or has pursued un- terrorism against Pan Am 103. gress with authorization in advance of wise policies. Those are congressional And there again, if an international dispatching the troops to Bosnia. We prerogatives, and under our constitu- criminal court were present, it might S 18476 CONGRESSIONAL RECORD — SENATE December 13, 1995 be possible to have extradition to such telligence Committee, which I chair, to must not be required to consult with a court if extradition to Scotland or bring our best judgment to bear on the anyone before responding to a poten- England or the United States cannot be Bosnian situation, to support the tially life-threatening situation. obtained. And it is very important for troops wherever we can and to bring On this point, I quote the Secretary us to press ahead on these prosecutions them home as soon and as safely as of Defense, William Perry, who said: under the War Crimes Tribunal. possible. If our forces are attacked or if hostile in- In 1993, my amendment was adopted I yield the floor. tent is demonstrated by opposing forces, our to provide $3 million to assist the pros- Mrs. BOXER addressed the Chair. rules of engagement will permit the imme- ecutor in gathering evidence against The PRESIDING OFFICER (Mr. diate and effective use of deadly force. those who committed atrocities and KYL). Under the previous order, the In all of his speeches, the President mass killings in Bosnia. We should Senator from California is recognized. has been very clear on this point. The press all parties to the peace agree- Mrs. BOXER. I thank the Chair very message he has sent is clear and unmis- ment to make their maximum efforts much. takable: the first enemy that tries to to bring the war criminals to trial. My I rise today in support of the peace- harm our troops will never forget the recent meeting with Chief Prosecutor keeping mission in Bosnia as long as it lesson of the fateful misjudgment of Justice Goldstone provides encourage- remains a peacekeeping mission. I also our power. ment that a significant international rise to express my strong support for So the mission is clear and the rules legal precedent can be achieved in that our men and women in uniform who of engagement are robust. The final tribunal. International action against will be one-third of the peacekeeping element is to assure that our exit mass killings and genocide would pro- force. strategy is adequate and, in my view, it is. After close examination, I am sat- mote an important goal of the law of We are here debating one of the most isfied on these points. nations. difficult and important decisions to The administration has publicly stat- My discussions with Secretary of face us as legislators, the deployment ed that our troops will come home in State Warren Christopher and National of American troops overseas. The com- about a year. I support that kind of a Security Adviser Anthony Lake pro- mitment of our troops is never an issue timeframe. Our mission is to keep vide reassurance on the firm U.S. pol- to be taken lightly, so I thank the peace for about a year, and after that icy to bring the war criminals to trial. leadership for bringing this issue to the it is up to the parties to the agreement For myself and many others in the floor. to sustain it. When we leave, we must Congress, continued support of the I also wish to thank those commit- leave with a much more balanced situ- Bosnian operation would be materially tees that have held hearings on this ation in terms of military balance. And affected by the intensity demonstrated issue over the past few weeks and the administration witnesses who have an- I am pleased that Members of Congress to bring such war criminals to justice. have talked to the administration While I do think it an unwise policy swered questions openly, candidly, and about this, and have received clear as- to deploy United States troops to directly. These hearings have proven surances that when we leave we will Bosnia, I am very much concerned very informative and have helped me not go back to the status quo. This is about the kind of isolationist rhetoric to reach my decision. I support the participation of U.S. very important. that we have heard in this Chamber in I want to make it clear that I support troops in I-For first and foremost be- the past 2 days. I have consistently our participation in the peacekeeping cause the mission as spelled out by the supported a robust national defense force, not because the President wants and a robust foreign policy by the President and subsequently by the Sec- it but because I believe it is the right United States, an attitude gleaned retary of Defense and the Chairman of thing to do. I know that some have ar- from my earliest days studying inter- the Joint Chiefs of Staff is a true gued we should support deploying our national relations as a student many peacekeeping mission. This is not like troops simply because the President years ago at the University of Penn- the Persian Gulf war when we were has committed us and we must not act sylvania. sending our men and women off to to undermine the Presidency. However, The United States should not turn to fight a war. We are sending our men I take a different view. I believe that as isolationism, but neither should we and women to be one-third of a peace- the President accepts responsibility for turn to being the policeman of the keeping force, keeping the peace as a his decision as Commander in Chief, we world when there are incidents around result of the Dayton peace accord must accept full responsibility for our the world, and so many of them, with- which is supported by all the parties vote on this matter. out having a vital U.S. national inter- involved. I believe that the Congress has the est involved. But weapons systems, This is a point I believe must be absolute right to deny any President army divisions, and aircraft carriers made perfectly clear. The major com- the funds to carry out this or any other are not enough to ensure our security. batants in Bosnia support this peace mission. In this case, I did not vote to We must be committed to the notion agreement. We are not going to Bosnia deny the President the funds, and I will that the United States needs to be en- to force a United States vision of peace not support the Hutchison amendment. gaged throughout the world diplomati- upon them. We are going to help imple- However, the Senator from Texas has cally, economically, militarily, and al- ment their vision, their agreement. every right to offer it, and every Mem- ways carefully. We need to use all our If we were not truly peacekeepers, I ber here has every right to vote for it, instruments of national power to shape could not support this mission, and if just as they had every right to vote for the international security environment at some future date the Dayton peace the prior amendment we just disposed in a way that guarantees American se- agreement changes course, I will im- of which dealt with cutting off funds. curity. In my judgment, for the reasons mediately reevaluate my position. So I believe that when I cast a vote I have outlined, Bosnia and the Bal- I have listened with great interest to for the Dole-McCain-Nunn amendment, kans do not rise to that level. But by Secretary Perry, General Shalikash- I am doing the right thing, and I take the same token, we must be careful to vili, and other military and civilian full responsibility for it. I am not resist instantaneous or knee-jerk reac- leaders who have explained the rules of ducking behind it and saying it is be- tions to any use of U.S. military force engagement for our troops in Bosnia. cause the President thinks it is the even where we did so in Desert Storm. When I was a member of the House right thing to do. I have not voted with Mr. President, these are obviously Armed Services Committee, I realized this President before on the question of matters of great complexity. We vote how crucial it is for our troops to have Bosnia. I have voted, in fact, against on them in a series of resolutions try- very clear rules of engagement. I have him on two other occasions. When I ing to exercise our best judgment, seen tragedy occur, and we have lost vote for this, I do not do so as a weak knowing that the troops are on the men and women in uniform because the partner of the executive branch but as way, whatever we do. We obviously will rules were unclear. In my view, it is es- a strong partner. If at some future follow the matter very closely through sential that our troops have the ability time I disagree with the administra- our congressional action in a variety of to aggressively respond to threats to tion policy, as I have done in the past, committees, including the Senate In- themselves or to their mission. They I will speak out and vote accordingly. December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18477 We now have the opportunity to help The PRESIDING OFFICER. Without I do view it quite differently than in bring peace to Bosnia. I believe that as objection, it is so ordered. the other areas that my friend has long as our troops are part of a larger Mrs. HUTCHISON. I thank the Chair. pointed to. I did not support those de- force, as long as the mission is peace And I thank the Senator from Virginia. ployments, I say to my friend. and as long as we have an approximate Mr. WARNER. Mr. President, before I guess I did not have a question. I exit date, I will be supportive of this the distinguished Senator from Califor- merely wanted to respond, but I have mission. nia leaves the floor, I’d like to say I the utmost respect for my friend for Mr. President, it is a rare moment in was greatly taken by her closing re- whatever conclusion he reaches, and I history that we have a chance to stop marks. And I think I jotted it down ac- hope he would have that same respect a genocide and generations of hatred. curately. I may be wrong. ‘‘I may be for this Senator if she comes down on It is rare that we have a chance to stop back here on the floor asking that we the other side. the spread of war in a region where we bring our troops home.’’ Mr. WARNER. Mr. President, I say to have lost thousands and thousands of I say to the Senator, that is precisely my colleague from California, this vote Americans. Some of our very own col- why I oppose this Presidential decision is a clear vote of conscience, not poli- leagues walk on this floor with the to send to Bosnia a third significant tics, and each of us has to draw on our wounds of those wars. element of U.S. troops—that is, troops own life experiences, our own best This is not some area of the world on the ground. This Nation experienced judgment and make this tough deci- where war is unknown. Sadly, it is. We the problem of Congress acting to with- sion. have seen war spread. Now, maybe, just draw our troops from Lebanon. This Mrs. BOXER. I agree with my friend. maybe, the President has done some- Nation experienced that problem in So- Mr. WARNER. I am on the side oppo- thing here that will stop a war from malia. I happened to have been on this site the Senator from California and spreading. We do not know that. I may floor protecting Presidential preroga- will oppose the President’s deployment be back on this floor saying, ‘‘Bring tive—at the time we took serious cas- decision. the troops home. I was wrong.’’ ualties in Somalia, some 18 killed in Mr. President, I will go into some de- But in the war that I well remember one day and some 80-plus wounded on tail regarding my concerns. Indeed, that got me into politics, the Vietnam that same day—and I said it is the this is one of the most important de- war, we said, ‘‘Give peace a chance’’ in President’s decision as Commander in bates that I have been privileged to those days, and I think ‘‘give peace a Chief when a military mission is com- participate in in the recent history of chance’’ has not lost its meaning in pleted and when our forces should be the U.S. Senate. Our Nation has experi- this circumstance, after generations of brought home. enced a gradually growing involvement genocide and hatred. I lost part of my We had a very vigorous battle right of its Armed Forces in the tragic civil family in a genocide. here on the floor of the Senate about war in Bosnia and other contiguous Now we have a chance to stop it. At that Somalia situation. And it was a areas in the former Yugoslavia. the minimum—at the minimum—if tough fight to establish the President’s Over the past year, U.S. airmen have things go reasonably well, when we clear right to determine when to bring flown the majority of the air missions leave there we will leave there in a way those troops home and not rush to over Bosnia, and U.S. Navy and Marine where the various parties to this con- judgment in the sorrow of those severe Corps personnel stationed in the Adri- flict are at least on a level playing casualties. atic off the Dalmatian coast have pro- field, which I think is very, very impor- Mrs. BOXER. May I respond? vided a very significant percentage of tant. If there is a pause in the fighting, Mr. WARNER. This is what bothered the ships and personnel involved in the it may lead to a lasting peace as a re- me. The credibility of the United naval operations in that region. sult of our participation in this force. States of America will be far more en- America is heavily committed mili- So let us give this peace a chance as dangered if we are faced in 6 or 8 tarily with its NATO allies and others long as it is truly a peacekeeping oper- months with a decision to bring our at this very moment. There is a mis- ation. Let us support our men and troops home because of casualties and conception that we are not involved in women who are going over there in a other unforeseen problems, than if we Bosnia and that we have to go. Wrong. tough time, Christmastime. Let us not make the stand now not to go forward We are there, very significantly, at this send signals of equivocation about that with this mission. particular time, and we have been support. Let us support the Dole- Mrs. BOXER. Would the Senator there for almost two years. McCain-Nunn amendment. yield for a very brief moment? But now the President has directed a I thank you, Mr. President, and I Mr. WARNER. Yes. I do not yield the further and very significant expansion yield the floor. floor, but for a question. of U.S. military involvement. I credit The PRESIDING OFFICER. Under Mrs. BOXER. I understand. the President, the Secretary of State, the previous order, Senator DOMENICI I just wanted to respond to my and others for working out an agree- and then Senator KERREY are to be rec- friend. I will, of course, put it in the ment which I do not refer to as a peace ognized. form of a question. But the deploy- agreement. Nevertheless, it is an agree- Mr. WARNER addressed the Chair. ments that my friend talked about I The PRESIDING OFFICER. The Sen- ment that has led to a very substantial did not support. I come here to say ator from Virginia is recognized. lessening of the hostilities. It is an Mr. WARNER. I thank the Chair. that I think it is worth a try in an area agreement that possibly could at some I ask unanimous consent that I be of the world where we have lost thou- future date form the foundation for a recognized to speak at the time that sands and thousands and thousands of cessation of hostilities, but I do not Senator DOMENICI was originally to be Americans. find that condition to exist now. recognized in the unanimous-consent If the Senator believes that there is Therefore, the President has ordered agreement, and that he take the place no chance that this war can spread and ground troops, some 20,000, for actual that I had. this mission cannot change that and is deployment to Bosnia and approxi- The PRESIDING OFFICER. Without not important and is not worth trying, mately another 14,000 to be deployed to objection, it is so ordered. then he should absolutely vote against nearby geographic regions as support Mrs. HUTCHISON. Would the Sen- the Dole-McCain amendment. And I re- and backup forces. ator from Virginia let me make one spect his right. It is interesting, when this mission more unanimous-consent request? All this Senator is saying is that I was first described by the President Mr. WARNER. Absolutely, Mr. Presi- have waited, and I believe—and I take back in February 1993, it was always dent. full responsibility for that vote, and I said that we were going to send in Mrs. HUTCHISON. Mr. President, I respect my friend if he comes down on 20,000 ground troops. But now we learn ask unanimous consent that the names the other side—in this part of the that almost a force of equal size will be of Senators HATCH and CHAFEE be world we have an opportunity to make required as backup. That is prudent added to the next available Republican a difference for peace. If it does not military planning, but the initial im- slots, which I believe would follow work out, we at least have tried to do pression across the land was of a lesser LEAHY and SIMON. so. number. S 18478 CONGRESSIONAL RECORD — SENATE December 13, 1995 Ever since this Presidential decision I see on the floor the distinguished I have been deeply moved, as has nearly 2 years ago, I have consistently Senator from Nebraska. I was privi- every other Member of the Senate, and expressed my concerns. Today, I join leged to accompany him to this region, indeed all Americans, by the suffering with many other Senators in express- the region of Krajina, in early Septem- we have seen in Bosnia as a con- ing my total disagreement with the ber. We saw with our own eyes the rav- sequence of the hatreds and atrocities President. I do so respectful of his role ages of this war-torn region. We looked in that region. I have seen it in their as President, as Commander in Chief, into the faces of the refugees, combat- faces, in the hospitals we visited and in but I am sure the President recognizes ants and noncombatants alike. This the wanton destruction of the homes I have a right to express my views and was the fifth in a series of trips I have and properties—homes which are so es- I do so as a matter of conscience. conducted to this region over the years sential for the return of the many refu- President Clinton made this decision since the conflict has started. gees. Senator KERREY and I witnessed, on his own, without that level of con- I wish to acknowledge, Mr. President, as we went through the villages, a row sultation from the Congress that I be- to my colleague, how much I value the of houses, and one house with the gera- lieve was necessary and might have opportunity to travel with this distin- niums out, the fresh laundry hanging contributed to a different decision. guished Senator, a former naval offi- out, and the house right next to it was And now the Congress is left with cer, highly decorated, a man whose flattened to the ground—flattened be- trying to decide how best, as the elect- judgment and opinion I greatly value cause it was once occupied by a Serb. ed representatives of the people, we can on military matters. That Serb had fled this village where ensure that the voice of the American The reason I raise this is that I wish he or she or the family had lived for people is heard. I am privileged to do so to apply a test to this deployment deci- years with their neighbors, but they on behalf of many, many Virginians sion along these lines: Would I be able were forced to leave in the face of the with whom I have visited and from to go into the home of a service person Croatian military advance. And the whom I have heard over the past who had been either killed or wounded locals destroyed the Serb house—the months. in Bosnia as a consequence of this pro- house being a symbol of their hatred Mr. President, I have always been a posed deployment and explain to a par- for that individual—and they blew it strong supporter of Presidential con- ent or a spouse or a child why their up, destroyed it, so that it would be of stitutional prerogatives in the area of loved one was sent to Bosnia and why no use to anyone ever again. We saw foreign policy—I expressed that in my their sacrifice was justified? that, as the Senator will recall, in vil- colloquy with the distinguished Sen- This is a duty I performed earlier in ator from California—and particularly lage after village—a manifestation of life as a young Marine officer and again the President’s authority as Com- hatred, which we cannot understand. as Secretary of the Navy, and it is not I remember so well the Secretary of mander in Chief. This very phrase is an easy one, Mr. President. I apply Defense in his testimony before our embodied in our Constitution. As Com- that test today. committee saying, ‘‘My greatest fear in mander in Chief, the President has the I could not justify such a sacrifice, this operation is the hatreds among the right to deploy, send beyond our shores given the current situation in that re- people in the region.’’ That is what into harm’s way if necessary, the men gion and the current status diplomati- concerns me. I do not want to see 20,000 and women of the Armed Forces of the cally and militarily of all the cir- United States. U.S. troops placed in the middle of this Presidents have judiciously exercised cumstances surrounding this peace ac- 500-year-old sea of hatred. that awesome power since the very cord. Mr. President, we have heard Presi- formative days of our Republic. There- I have listened carefully to the ad- dent Clinton say that United States fore, I do not challenge the constitu- ministration’s justification for this de- troops are not being sent to Bosnia to tional authority of the President to de- ployment, but I do not find a vital fight a war, but rather to help imple- ploy United States ground troops to United States national security inter- ment a peace agreement. According to Bosnia. He has that right under the est at stake in Bosnia that would jus- a December 2 radio address by the Constitution. I do, however, challenge tify the use of ground troops at this President, ‘‘It is a peace that the peo- the wisdom of President Clinton’s deci- time in that nation. ple of Bosnia want. It is a peace that sion to involve this third significant I do not want to see further Amer- they have demanded.’’ element of United States forces, name- ican casualties in trying to resolve a Yet, I say to my colleagues, most re- ly on the ground in the territory of civil war, based on centuries-old reli- spectfully, I disagree with the Presi- Bosnia. gious and cultural hatreds, which none dent’s assessment. I think the events of On the question of constitutional au- of us understand. I certainly say, as recent days, of recent weeks, of recent thority on this matter, I ask unani- hard as I have studied, and based on months, have been a harbinger of mous consent, Mr. President, to have five trips, I do not understand how peo- things to come. At the very time IFOR printed in the RECORD following my re- ple in this civilized age of mankind can is beginning its deployment to Bosnia, marks a very fine analysis of that issue treat one another this way. These are Bosnian Croats are burning villages by Lloyd Cutler, former Counsel to the well-educated people. Yet, they behave which will be returned to Bosnian Serb President. in such a manner as to be on the bor- control—villages which we, the West, The PRESIDING OFFICER. Without derline of savagery. I cannot under- will have to rebuild. Reach into your objection, it is so ordered. stand it, Mr. President. pockets and take out the funds we are (See exhibit 1.) I remember so well a hearing of the going to be asked to contribute to re- Mr. WARNER. Mr. President, since Armed Services Committee in the build these houses, which have been the beginning of the conflict in Bosnia aftermath of Somalia. I remember a wantonly destroyed, not as a con- in 1992, as I said, I have consistently Col. Larry Joyce, the father of a young sequence of troops marching through— opposed the use of United States Ranger who was killed in the October in some instances, yes—but largely be- ground troops. Today, we are faced 3–4 raid in Somalia which I described cause of the hatred that exists. with the situation of what do we do earlier. He came before the committee These are not the actions of a people now, given the President’s commit- and he said to the Senators as follows: who have embraced a peace. At this ment? My votes today expressing oppo- Too frequently, policymakers are insulated point, all we can really say is that the sition to this Presidential decision go from the misery they create. If they could be three leaders of this region have done back to the fundamental question: with the chaplain who rings the doorbell at their best to work out an agreement. Does the United States have a vital— 6:20 in the morning to tell a 22-year-old But only time will tell the extent to and I repeat and emphasize the word woman she is now a widow, they would de- which the people will eventually em- ‘‘vital’’—national security interest at velop their policies more carefully. brace this agreement. stake in this region of the world, such I would hope that the Somalia expe- Nevertheless, the President has made vital security interest of a level that rience would cause us to more carefully a decision, and it is within his con- would justify the added deployment of consider the policy decisions that put stitutional authority. The troops are United States ground troops into a re- at risk the men and women who serve being deployed. Initial elements have gion that we know is fraught with risk? in the Armed Forces. already arrived. We have seen the pride December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18479 with which the Marines and others less of a standard for when it’s in our vital trustees to guard the safety and the have unfurled Old Glory on Bosnian national interest to interject them into a welfare of those who wear the uniform soil. We salute them and we say: One dangerous environment. and of the families here at home who and all, we in this Chamber unani- It is important that the genesis for the All- await them. Volunteer Force be a part of consideration There are many aspects of this I-FoR mously support our troops. for the justification for deployment of our It has been my privilege to work for military force. deployment which I find troubling. 17 years on the Senate Armed Services With best wishes and kindest personal re- First and foremost, I do not believe the Committee and to visit our troops gards, I am mission of I-FoR has been carefully and many times throughout the world, Sincerely, clearly articulated. In addition to the wherever they have been deployed—in MELVIN R. LAIRD. specific military tasks with which I- the Persian Gulf region, Somalia, and Mr. WARNER. He stated: For is charged in the Dayton accords, other areas—and to see our troops in Because they have volunteered, as opposed there are a list of supporting tasks action. So I commit myself unequivo- to being drafted for militry service, it does which, in my view, will inevitably lead cally, in the same way I have through- not mean there can be less of a standard for to mission creep and to I-FoR’s in- out my entire adult life, to their sup- when it is in our vital national interest to volvement in implementing the non- port. interject them into a dangerous environ- military aspects of the peace agree- On that point, I would like to address ment. ment. an issue which I do not think has been That is right on point, Secretary For example, I-FoR is called on to as- addressed by any other Senator to Laird. You are the father of the All- sist the UNHCR, the U.N. High Com- date, and it concerns me greatly. Fre- Volunteer Force. It has worked, and missioner for Refugees, and other quently, I have heard a few individuals worked beyond our expectations, to the international organizations, in their in high positions, both in the executive benefit of this country. I would not humanitarian missions, to prevent in- branch and in the Congress of the Unit- like to see this debate, in any way, terference with the movement of civil- ed States, make a statement along the erode the proud All-Volunteer Force ian populations and refugees, and to re- lines that, ‘‘Well, they are volunteers, concept that we have today. spond to deliberate violence to life and they can go.’’ The clear implication of those critics person. It is not clear what guidelines, Mr. President, we are very proud in that use this phrase, ‘‘Well, they are if any, have been given to the com- our country to have the All-Volunteer volunteers,’’ is that we are willing to manders on the ground to help those Force. It originated, again, when I was send those who serve in the volunteer commanders determine when I-FoR privileged to be the Secretary of the force to a foreign land to do missions should get involved in these supporting Navy in the Department of Defense, and take risks that we would not have tasks. This must be clarified and the and it was a direct decision from the asked of a military draftee. Wrong. mission strictly limited to implement- then-Secretary of Defense Melvin R. This is an atrocious implication. I hope ing the military aspects of the agree- Laird. Having heard these statements the Members of this Senate will dispel ment. I think that should be done be- and becoming greatly troubled, I con- any idea that, because currently the fore another soldier, sailor, airman, or tacted the former Secretary and asked members of the Armed Forces of the marine departs to go to that region. I am also concerned about the admin- for his views. For the RECORD I would United States are all volunteers, that istration’s lack of an adequate exit like to explain how we decided to have they should be treated with any less strategy and an announced time limit this force. During Vietnam there was a concern than we have for generations of 12 months for this mission. Just an- great strife across this Nation, much of treated previous members of the Armed nouncing that we will leave in 12 that strife directed at force conscrip- Forces, whether they were draftees, months is not an exit strategy. We tion and the draft, and President Nixon Reserves called up, voluntarily or in- voluntarily, whatever the case may be. have to make sure that there is a bal- and Secretary Laird said they were ance of military power between these going to take a risk and initiate the Once they don that uniform they de- serve no less than the highest concern warring factions. That balance will All-Volunteer Force. serve as a far better deterrent, far bet- I will read from Mr. Laird’s letter of by the Congress, and indeed the Presi- dent. ter than anything else we can do. December 12, 1995. I ask unanimous I salute the distinguished majority Americans willing to ask these vol- consent that it be printed in the leader, the Senator from Kansas [Mr. unteers to risk their lives in the per- RECORD. DOLE]. I have joined him in the past formance of missions that do not fit There being no objection, the letter year, in trying to implement the con- the clear test of being in the vital na- was ordered to be printed in the cept of assisting one of those factions, tional security interests of this coun- RECORD, as follows: the Bosnian Moslems, and bringing try have to ask themselves a question. MELVIN R. LAIRD, their level of armaments up to where When the Congress decided we would Washington, DC, December 12, 1995. they can possess a deterrent to attack. Hon. JOHN W. WARNER, fill the ranks of our military with vol- I think it is naive to believe in 12 U.S. Senate, unteers—a policy, as I said, that was months the United States and NATO Washington, DC. initiated in the latter part of the Viet- military involvement will wipe away DEAR SENATOR WARNER: The President’s nam war, 1972–73—one of the concerns decision to commit United States military centuries-old hostilities. What I fear forces to Bosnia has brought renewed atten- expressed at that time was that our we are facing is a temporary lull in the tion to the high level of patriotism and pro- military might be viewed as a merce- fighting until the international com- fessionalism of the women and men who nary force. Is that now the case? munity withdraws its troops. Then, I serve as members of the All-Volunteer Force. You will recall from your history ask my colleagues, what will happen to The All-Volunteer Force was instituted that the concept of mercenaries pre- the credibility of the United States and during our service at DoD, yours as Sec- vailed through much of Europe, in the NATO if this mission ends inconclu- retary of the Navy and mine as Secretary of history of the Middle Ages and, indeed, sively, or is possibly even judged to be Defense. I regard the termination of the into this century. In fact, Great Brit- draft and the successful creation of the All- a failure because the conflict resumes Volunteer Armed Force as the most defining ain sent mercenaries to our colonies, after we depart? action taken during my service as Secretary. often, to try to subjugate us. Remember, remember those pictures At this time of placing American military Anyway, I believe that every Senator of our brave Marines as they left Soma- personnel in harms way, it is well to recall in this body will agree that while sol- lia with the people on the shore firing that the All-Volunteer Force came into diers, sailors, airmen, Marines, today at them as they disembarked in their being to end the inequities of pay and service are volunteers, they are not merce- small craft to go out to a larger Amer- of military conscription and to pay, train, naries. So let us put to an end any ican warship and return home. I do not and equip our military forces as profes- comment about, ‘‘since they are volun- sionals. That has been accomplished in large forget that. I do not forget those in- measure. Our country has the finest military teers, they deserve any less measure of stances. force in its history. Because they have vol- concern by the Congress.’’ The Con- Because of the serious concerns unteered, as opposed to being drafted for gress stands, 24 hours a day, 7 days a which I have outlined, I will vote to op- military service, does not mean there can be week, 12 months a year, as trustees— pose this deployment of U.S. ground S 18480 CONGRESSIONAL RECORD — SENATE December 13, 1995 troops. This was not an easy decision give them confidence that each side will live These tenets, with some modification, are for any of us to make but I do it as a up to their agreements.’’ This rationale re- still the best foundation of our world leader- matter of conscience. However, if that minds one of the ill-fated mission of the ship. They remove the United States from full deployment is to occur and does international force sent to Beirut in 1983. He local conflicts and civil wars. The use of the has characterized the Bosnian mission as American military to fulfill treaty obliga- occur, then I will, as I have in every diplomatic in purpose, but promised, in his tions requires ratification by Congress, pro- day I have served in this U.S. Senate, speech last night, to ‘‘fight fire with fire and viding a hedge against the kind of Presi- support the troops 100 percent in every then some’’ if American troops are threat- dential discretion that might send forces way I know how. ened. This is a formula for confusion once a into conflicts not in the national interest. Mr. President, I ask unanimous con- combat unit sent on a distinctly noncombat Yet they provide clear authority for imme- sent that recent editorials on this situ- mission comes under repeated attack. diate action required to carry out policies ation by the former distinguished Sec- We are told that other NATO countries that have been agreed upon by the govern- ment as a whole. retary of the Navy James Webb, and by will decline to send their own military forces to Bosnia unless the United States assumes Given the changes in the world, an addi- a former professional Army officer, a dominant role, which includes sizable com- tional tenet would also be desirable: The Col. Harry Summers, be printed in the bat support and naval forces backing it up. United States should respond vigorously RECORD and I yield the floor. This calls to mind the decades of over-reli- against cases of nuclear proliferation and There being no objection, the articles ance by NATO members on American re- state-sponsored terrorism. were ordered to be printed in the sources, and President Eisenhower’s warning These tenets would prevent the use of United States forces on commitments more RECORD, as follows: in October 1963 that the size and permanence appropriate to lesser powers while preserving [From the New York Times, Nov. 28, 1995] of our military presence in Europe would ‘‘continue to discourage the development of our unique capabilities. Only the United REMEMBER THE NIXON DOCTRINE the necessary military strength Western Eu- States among the world’s democracies can (By James Webb) ropean countries should provide for them- field large-scale maneuver forces, replete The Clinton Administration’s insistence on selves.’’ with strategic airlift, carrier battle groups putting 20,000 American troops into Bosnia The Administration speaks of a ‘‘reason- and amphibious power projection. should be seized on by national leaders, par- able time for withdrawal,’’ which if too short Our military has no equal in countering conventional attacks on extremely short no- ticularly those running for President, to might tempt the parties to wait out the so- tice wherever the national interest dictates. force a long-overdue debate on the worldwide called peacekeepers and if too long might Our bases in Japan give American forces the obligations of our military. tempt certain elements to drive them out ability to react almost anywhere in the Pa- While the Balkan factions may be im- with attacks causing high casualties. mersed in their struggle, and Europeans may Sorting out the Administration’s answers cific and Indian Oceans, just as the contin- feel threatened by it, for Americans it rep- to such hesitations will take a great deal of ued presence in Europe allows American resents only one of many conflicts, real and time, attention and emotion. And doing so in units to react in Europe and the Middle East. In proper form, this capability provides re- potential, whose seriousness must be the absence of a clearly stated global policy assurance to potentially threatened nations weighed, often against one another, before will encourage other nations, particularly everywhere. But despite the ease with which allowing a commitment of lives, resources the new power centers in Asia, to view the the American military seemingly operates and national energy. United States as becoming less committed to on a daily basis, its assets are limited, as is Today, despite a few half-hearted attempts addressing their own security concerns. such as Gen. Colin Powell’s ‘‘superior force the national willingness to put the at risk. Many of these concerns are far more serious As the world moves toward new power cen- doctrine,’’ no clear set of principles exists as to long-term international stability and a touchstone for debate on these tradeoffs. ters and different security needs, it is more American interests. These include the con- vital than ever that we state clearly the con- Nor have any leaders of either party offered tinued threat of war on the Korean penin- terms which provide an understandable glob- ditions under which American forces will be sula, the importance of the United States as sent into harm’s way. And we should be ever al logic as to when our military should be a powerbroker where historical Chinese, Jap- committed to action. In short, we still lack more chary of commitments, like the loom- anese and Russian interests collide, and the ing one in Bosnia, where combat units invite a national security strategy that fits the need for military security to accompany post-cold war era. attack but are by the very nature of their trade and diplomacy in a dramatically mission not supposed to fight. More than ever before, the United States changing region. has become the nation of choice when crises Asian cynicism gains further grist in the [From the Washington Times, Dec. 11, 1995] occur, large and small. At the same time, the wake of the Administration’s recent snubs of AFTER THE DOUBTS, SALUTE AND OBEY size and location of our military forces are in Japan: the President’s cancellation of his flux. It is important to make our interests summit meeting because of the budget crisis, (By Harry Summers) known to our citizens, our allies and even and Secretary of State Warren Christopher’s When it comes to the Bosnian interven- our potential adversaries, not just in Bosnia early return from a Japanese visit to watch tion, ‘‘the proverbial train has left the sta- but around the world, so that commitments over the Bosnian peace talks. tion,’’ said Rep. Floyd Spence, South Caro- can be measured by something other than Asian leaders are becoming uneasy over an lina Republican, chairman of the House Na- the pressures of interest groups and manipu- economically and militarily resurgent China tional Affairs Committee. But that did not lation by the press. Furthermore, with alli- that in recent years has become increasingly mean he agreed with that deployment. ‘‘I be- ances increasingly justified by power rela- more aggressive. A perception that the Unit- lieve we will all eventually regret allowing tionships similar to those that dominated ed States is not paying attention to or is not American prestige and the cohesion of the before World War I, our military must be as- worried about such long-term threats could NATO alliance to be put at risk for a sured that the stakes of its missions are in itself cause a major realignment in Asia. Bosnian peacekeeping operation.’’ worth dying for. One can- not exclude even Japan, whose Many senior military officers would pri- Failing to provide these assurances is to strong bilateral relationship with the United vately agree with his assessment. But now is continue the unremitting case-by-case de- States has been severely tested of late, from not the time to publicly express their bates, hampering our foreign policy on the this possibility. doubts. Before a decision is made, the duty one hand and on the other treating our mili- Those who aspire to the Presidency in 1996 of a military officer is to speak up and ex- tary forces in some cases as mere bargaining should use the coming debate to articulate a press any reservations about a proposed chips. As the past few years demonstrate, world view that would demonstrate to the course of action. But once the decision is this also causes us to fritter away our na- world, as well as to Americans, an under- made, the duty is then to salute and obey tional resolve while arguing about military standing of the uses and limitations—in a and wholeheartedly support the task at backwaters like Somalia and Haiti. sense the human budgeting of our military hand. Given the President’s proposal and the fail- assets. And that support especially includes keep- ure to this point of defining American stakes Richard Nixon was the last President to ing their doubts to themselves. Commanding in Bosnia as immediate or nation-threaten- clearly define how and when the United a rifle company in the 2nd Armored Division ing, the coming weeks will offer a new round States would commit forces overseas. In 1969, in 1965, my executive officer, Lt. Thomas of such debates. The President appears he declared that our military policy should E.M. Gray II, had grave reservations about tempted to follow the constitutionally ques- follow three basic tenets: our emerging Vietnam policy. Expressing tionable (albeit effective) approach used by Honor all treaty commitments in respond- those concerns in a Troop Information lec- the Bush Administration in the Persian Gulf ing to those who invade the lands of our al- ture, he was surprised when the soldiers war: putting troops in an area where no lies. turned on him with a vengeance. Many were American forces have been threatened and Provide a nuclear umbrella to the world already alerted for Vietnam, and they want- no treaties demand their presence, then against the threats of other nuclear powers. ed to believe in what they were being ordered gaining international agreement before plac- Finally, provide weapons and technical as- to do. They had their own doubts and fears ing the issue before Congress. sistance to other countries where warranted, to contend with, and what they needed from Mr. Clinton said their mission would be but do not commit American forces to local their leaders was reassurance that the task ‘‘to supervise the separation of forces and to conflicts. was both necessary and doable. December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18481 Like Jesus’ centurion, a soldier is ‘‘a man tiating a peace agreement among the three long without the cooperation of the other. under authority,’’ and when his civilian and warring ethnic factions in Bosnia. The agree- This is so for both constitutional and prac- military leaders say go, ‘‘he goeth.’’ Despite ments initialed in Dayton would require us tical reasons. The Constitution gives Con- his misgivings, Lt. Gray himself went to and our NATO allies to place peacekeeping gress the power to ‘‘declare war,’’ but both Vietnam and was tragically killed in action units of our armed forces in Bosnia for a Congress and the president share the power while serving with the 1st Infantry Divi- year or more. This raises once again the big- to raise armies and navies and to raise and sion’s 1st Battalion, 16th Infantry. Like Lt. gest unresolved issue under the U.S. system appropriate funds for their maintenance and Gray, many others served in Vietnam, and of separate executive and legislative depart- deployment. Only Congress can enact such will serve in Bosnia as well, despite their pri- ments: Is the constitutional authority to measures, but it needs the president’s ap- vate reservations. place our armed forces in harm’s way vested proval or a two-thirds majority of both One who did so in Vietnam was Vice Presi- in the president or in Congress, or does it re- houses to override his veto. Only the presi- dent Al Gore, and on the day of the presi- quire the joint approval of both? dent can negotiate treaties, but he needs a dent’s address, the vice president invited sev- President Clinton has said he would follow two-thirds vote of the Senate to ratify them. eral of us to the White House for a briefing the precedent set by George Bush before the The president’s separate powers are limited on Bosnia. In the course of our talk, he 1991 Desert Storm invasion and seek a con- to receiving ambassadors, serving as com- called attention to a Nov. 27, 1995, New York gressional expression of support before com- mander-in-chief of the armed forces and Times article headlined ‘‘Commanders Say mitting American units to the enforcement faithfully executing the laws. If as com- U.S. Plan for Bosnia Will Work.’’ But those of the Bosnian peace agreement. But he has mander-in-chief he orders our armed forces comments may not be as telling as he be- also asserted the constitutional power to act into a combat situation, he still needs con- lieved. They may well reflect only the tradi- on his own authority, just as Bush did. This gressional approval to finance such a com- tional military reluctance to undermine sol- time, it is Republican congressional leaders mitment over an extended period of time. diers’ confidence and morale on the eve of a who are challenging a Democratic presi- Before the United States became a super- hazardous operation. dent’s view that the president can lawfully power, disputes over the authority to com- Whether the military commanders have act on his own, but, more typically it has mit our forces rarely arose. We had few occa- private misgivings about the Bosnian oper- been Democratic Congresses challenging sions to deploy our military units abroad, ation is not knowable, but what is becoming presidents of either party. much less commit them to conflict. Armies, clear is the lengths they have gone to ensure During the coming debate, Congress would navies and news of battle traveled very slow- that the military mission was limited to do- be wise to bear in mind, as it did five years ly. Air forces and long-range missiles did not able military tasks. ago, that the world will be watching how the exist. There was plenty of time after learn- Until recently, according to press reports, one and only democratic superpower reaches ing of a threatening event for the president the military operation was to include not its decisions, or whether it is so divided that to deliberate with Congress about the proper only the ‘‘peacekeeping’’ task of keeping the it is incapable of deciding at all. Congress response. Occasionally, presidents commit- warring parties separated, but the needs to recognize that we cannot have 535 ted us unilaterally, as in our attacks on the ‘‘nationbuilding’’ task of rebuilding the commanders-in-chief in addition to the Barbary pirates in Tripoli in Jefferson’s Bosnian political and economic infrastruc- president and that some deference to presi- time, but it was rare for Congress to claim ture and also the job of training and equip- dential judgments on force deployments is in that its own prerogatives were being usurped ping the Bosnian Muslim military to bring it order. That is especially true when, as in by the president. up to par with its enemies. Since World War II, all this has changed. At our White House meeting, the vice Korea, Iraq and Bosnia, the president’s pro- As commander-in-chief of the democratic su- president took particular pains to disavow posed deployments are based on United Na- perpower, presidents now deploy our armed any such ‘‘mission creep.’’ The tions Security Council resolutions that we forces all over the world. We can attack, or ‘‘nationbuilding’’ notion that led to such have sponsored and on joint decisions with be attacked, within moments. On numerous grief in Somalia will not be a U.S. military our allies pursuant to treaties Congress has mission, he said. That will be a task for the previously approved. occasions, presidents have committed our Europeans, specifically the OSCE, the Orga- In the case of Bosnia, the argument for forces to armed conflict, sometimes of a sus- nization for Security and Cooperation in Eu- committing U.S. forces to carry out a peace tained nature as in Korea and Vietnam, rope, which has several ongoing missions in agreement is a strong one. All of us are re- without asking Congress to declare war. In the area. Training of the Muslims, originally volved by the ethnic cleansing and other Vietnam, as it had in Korea, Congress ini- said to be a task for the U.S. Army’s 10th human rights abuses that the various fac- tially supported the president’s initiatives Special Forces Group, will now be done by tions have committed. These abuses are like- by appropriations and other measures. But third-party nationals. And the vice president ly to continue if the peace agreement is not as the duration and scope of our military ac- categorically ruled out any manhunts for formally signed in mid-December as now tions in Indochina escalated, an increasingly war criminals, such as the one that led to scheduled, or if it is signed but not carried restive Congress enacted the War Powers the disaster in Mogadishu. out. If the war goes on or soon resumes, it Resolution over President Nixon’s veto. The To their credit, the senior military leaders may well spread to other parts of the former resolution laid down a series of rules that re- have done their best to limit the mission to Yugoslavia and to the rest of the Balkans, quire a president ‘‘in every possible in- doable tasks. But the one thing they have still the most unstable region of Western and stance’’ to ‘‘consult with Congress’’ before he not succeeded in doing is resolving the issue Central Europe. Any widening of the Balkan commits our armed forces to combat or to of military casualties. This is an issue of wars could well spread to Eastern Europe places in which hostilities are ‘‘imminent.’’ major concern, and at the vice president’s and the Middle East and pose a substantial It also requires the withdrawal of those briefing and later in the presidential address potential threat to U.S. national security. forces if Congress fails to adopt an approving to the nation, it was emphasized that the Some foreign forces are needed to separate resolution within 60 days. Bosnian operation is not risk free, and that the contending armies and to control the President Nixon and all subsequent presi- casualties will occur. standing down of heavy weapons. Under our dents have challenged the constitutionality But casualties per se are not the limiting leadership, and only under our leadership, of these prescriptions, but the Supreme factor. It is whether those casualties are dis- NATO is ready to supply the necessary Court has never accepted a case that would proportionate to the value of the mission. In forces. The stronger the forces, the better resolve this dispute and is unlikely to do so World War II, the value was national sur- the chance that they will not be attacked in the near future. When presidents ‘‘con- vival, and we willingly paid more than a mil- and that they will accomplish their mission. sult’’ with Congress before committing lion casualties in its pursuit. In Somalia, the All these reasons argue for a significant U.S. forces, they are careful to avoid saying they value was never established, and 16 became military commitment, now that a promising do so ‘‘pursuant to’’ the War Powers Resolu- too many. The task for President Clinton is peace agreement has been reached. tion; they say they do so ‘‘consistent with’’ to establish the value of what we are trying In 1991, the Democratic Congress narrowly the resolution. to do in Bosnia as the basis for the costs in approved President Bush’s decision to re- There are obviously situations where mod- both lives and treasure that such an oper- verse the Iraqi invasion of Kuwait, thus ern technology makes advance consultation ation will entail. mooting the issues of whether the president with Congress impractical—most notably the If the polls are correct, that value has not could have acted alone. Today, the Repub- case where our sensor equipment indicates yet been established. And if that task re- lican congressional leadership, while sound- that a missile attack has been launched on mains undone, then even one casualty may ing somewhat more conciliatory than in re- the United States or our NATO allies, or prove to be too many and Mr. Spence’s warn- cent weeks, is challenging President Clinton where speed and secrecy are key factors, as ing will prove to have been only too correct. to make his case for the proposed deploy- in the rescue of American hostages or repris- EXHIBIT 1 ment. This war powers question has come up als against a terrorist act abroad. repeatedly since the 1950 outbreak of the Ko- But presidents have continued to commit [From the Washington Post, Nov. 26, 1995] rean War, when President Truman commit- our forces to armed conflict or situations OUR PIECE OF THE PEACE—SENDING TROOPS ted our forces without first seeking congres- where conflict was clearly ‘‘imminent,’’ TO BOSNIA: OUR DUTY, CLINTON’S CALL sional approval, but has never been resolved. whether or not split-second timing was im- (By Lloyd N. Cutler) In foreign and national security policy, as perative. President Ford, for example re- After months of sustained effort, the Clin- in domestic policy, neither Congress nor the sponded forcefully to an attack on a U.S. ton administration has succeeded in nego- president can accomplish very much for very vessel (the Mayaguez) off the Cambodia S 18482 CONGRESSIONAL RECORD — SENATE December 13, 1995 coast; President Carter launched a military committees of each house. Since the NSC the former Yugoslavia is the con- mission to rescue our hostages in Iran; Presi- role is purely advisory, no separation-of-pow- sequence of a very confusing sequence dent Reagan put our forces into Lebanon, ers issues would arise. In this way Congress, of events that very few people under- the Sinai, Chad and Grenada and ordered in its own favorite phrase, would be effec- stand fully. Yugoslavia itself was an bombing attacks on Libya; President Bush tively consulted before the takeoff, rather sent troops into Panama, Liberia, Somalia, than at the time of the landing. The coopera- intricate construct of religions and na- Saudi Arabia, Kuwait and Iraq. tion on national security issues that the na- tionalities. Even the future con- As for President Clinton, he has already tion wants and expects might still elude us, sequences of U.S. inaction now are not ordered our forces into Somalia, Rwanda, but the president would have done his part immediately clear. Also, there has Haiti and Macedonia and has authorized our to carry out George Shultz’s admonition been considerable disinformation put air units to enforce the U.N. no-fly zone over that trust between the branches must be out by all sides in the conflict, to jus- Bosina itself. Washington’s ‘‘coin of the realm.’’ Moreover, in the 22 years since the War tify the claims that all sides have to Powers Resolution became law, Congress has Several Senators addressed the the status of being a victim. never undermined these presidential uses of Chair. The international solution coming force by action (or inaction) in a way that The PRESIDING OFFICER. The Sen- out of the Dayton agreement is not ex- would have blocked the mission or required ator from Nebraska is next to be recog- actly simple either. A NATO force, in- withdrawal within 60 days. nized under the previous order. cluding non-NATO units and even Rus- All this does not mean that Congress must Mrs. HUTCHISON. Will the Senator sian units, is to separate the parties cede the power to make national security de- from Nebraska yield for a unanimous along a meandering 600-mile boundary cisions to the president. Congress success- consent request? fully forced Johnson and Nixon to limit and line and then oversee the restoration of finally to terminate the undeclared Vietnam Mr. KERREY. I am pleased to yield. civilian government functions in War. Congress successfully stopped Reagan’s Mrs. HUTCHISON. I ask unanimous Bosnia. covert sales of weapons to Iran and his cov- consent Senator SNOWE be sequenced Meanwhile, the European Commu- ert and overt military aid to the contras. As following Senator BRADLEY in speaking nity and international donors put to- these examples show, presidents cannot ef- order. gether a financial program to rebuild fectively exercise their separate constitu- The PRESIDING OFFICER. Without Bosnia’s infrastructure. The plan may tional powers over national security and for- objection, it is so ordered. or may not be brilliant, but it cer- eign policy over an extended period without The Senator from Nebraska is recog- tainly is not simple. the cooperation of Congress. That is why nized. Clinton, like Bush in 1990, has invited Con- So it is not surprising, Mr. President, gress to express its views before our forces Mr. KERREY. Mr. President, first, that well-informed citizens—and I am are committed to support the peace agree- the Senator from Virginia just gave thinking in my case of Nebraskans who ment in Bosnia. very eloquent testimony, not just to I had the honor of visiting with this A week ago Friday, while the Dayton nego- the U.S. abilities in the past to accom- week to discuss this policy—do not tiations were still going on, House Repub- plish good things, but the risks con- fully understand the Bosnian case. licans passed a bill that would bar the ex- tained in them. As I indicated earlier, I had the op- penditure of any funds to sustain U.S. forces I did have a great honor to be able to in Bosnia. Fortunately, the Senate is un- portunity to travel to the former Yugo- likely to follow, and even if it did, a presi- travel with the Senator from Virginia slavia, have attended hours of briefings dential veto would be difficult to override. earlier this year, to Zagreb and down in the intelligence community, and But the House Republicans who launched to Split and down to Knin in the have visited the National Military this preemptive strike would do better to Krajina Valley where the Croatian Joint Intelligence Center in the Penta- emulate former Republican congressman forces had succeeded in driving, by gon the last two Fridays. I must say I Dick Cheney. some estimates, close to 200,000 mili- do not fully understand this problem, In 1990, when we had a Republican presi- tary and civilian personnel from that dent and Democratic majorities in both either. houses of Congress, Cheney was the sec- valley. It was very clear to me that I Mr. President, I do understand that retary of defense. As he said before we en- was in the presence of a man who un- American leadership has already made tered the Gulf War, ‘‘When the stakes have derstood, not just that particular re- it better. My response to those who de- to do with the leadership of the Free World, gion as well as any, but understood the spair of improving this tangled region we cannot afford to be paralyzed by an intra- great value and importance of we is that from the moment of President mural stalemate.’’ The decision to act, he Americans leading where we can and Clinton’s decision last summer to lead noted, ‘‘finally belongs to the president. He doing what is possible to make the the way to a solution, the former is the one who bears the responsibility for world a safer and better place. I have Yugoslavia has become a more peaceful sending young men and women to risk death. If the operation fails, it will be his fault. I many of the same misgivings the Sen- place. Bosnia is now a safer place for have never heard one of my former [congres- ator from Virginia just expressed and I its inhabitants. sional] colleagues stand up after a failed op- know that, in expressing opposition to Mr. President, it was only last sum- eration to say, ‘I share the blame for that the resolution and the deployment, in mer that the only access to Bosnia’s one; I advised him to go forward.’ ’’ his own statement just now he wants capital, Sarajevo, was over the dan- This does not mean that Congress must ap- this mission to be successful. He wants gerous Mount Igman road. Three Amer- prove the president’s proposed commitments this operation, this NATO operation to ican diplomats were killed in July on without change. For example, following the be a success. that road. The airport was closed. Lebanon precedent, Congress could require its further approval if the forces were not I also must say—— Sarajevo’s very life was at risk from withdrawn within, say, 18 months, a period Mr. WARNER. Mr. President, I wish mortar attacks, from snipers, and from that expires after the next elections. The to thank my distinguished colleague. the cutoff of the energy and food on president and Congress have the shared We will travel together again to other which life depends. responsiblity of finding a solution that places in the world on behalf of our Then came the United States com- shows we can function as a decisive super- Armed Forces. mitment to lead, Ambassador power and as a responsible democracy at the I will be pleased to hear the Sen- Holbrooke’s full-court press, and today same time. The public expects no less. It may be too late to help in the Bosnia de- ator’s remarks. Bosnians are safer as a consequence. C– bate, but there is one change in our process Mr. KERREY. I look forward to the 130’s now land at Sarajevo. Sarajevans’ for making national security decisions that travel. I learned a great deal in a rel- daily brushes with death are over, we ought to be adopted. The National Security atively short period of time from the pray forever. Energy and food deliv- Council (NSC), the statutory body created to distinguished senior Senator from Vir- eries are resuming, Mr. President. I am advise the president on national security af- ginia. I look forward to having a describing the indicators of success— fairs, consists entirely of officials in the ex- chance to travel and learn again. success we have already achieved. ecutive branch. When the NSC takes up is- The goal of any policy, particularly a The distinguished Senator from Vir- sues related to the potential commitment of foreign policy, I presume and hope, is ginia earlier indicated, and I think our forces, the president could invite the at- tendance of the speaker, the majority and success. But, in a complex and confused quite properly, a test that all of us minority leaders of the House and Senate conflict, such as this one, which has should apply to an operation, to a mis- and the chairmen and ranking members of festered for centuries, success is ex- sion of this kind. That is, would we be the national security and foreign policy tremely hard to define. The civil war in able to go into the home of a family December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18483 who had lost a loved one in a conflict dent has ordered the troops to take We have learned in this century that and tell them what their loved one had could have very negative consequences we ignore European instability at our accomplished? Was it worth their sac- for the morale of the Armed Forces as peril. Twice we have made the mistake rifice? well as for the outcome of the mission. of thinking Europeans, with their Mr. President, you would, I think, be A statement by one Senator such as money and sophistication and long ex- hard pressed not to be able to go into I read in this morning’s New York perience as countries, could maintain the homes of the three diplomats who Times to the effect that this Senator their own stability. Twice we have had gave their lives to secure peace in has spoken to soldiers at a military in- to send millions of our soldiers to fight Yugoslavia and not be able to say that, stallation and said, ‘‘They’re with me. in Europe to correct the mistake and thanks to their bravery in July, being They’re mixed. They know I’m for to lead Europeans into stable, peaceful willing to run the risks associated with them and I’m trying to keep them arrangements with each other. There travel to Sarajevo at the time, that as out,’’ is not helpful. The troops are may come a time when Europeans can a consequence of their bravery we now with their Commander in Chief and do this all by themselves, but the have peace in that city. with no one else, regardless of the out- Yugoslavian experience of the past 4 There are many people who are plan- come of this debate. years shows that time is not yet here. ning trips there and lots of travel going There is also a good deal of talk, as At the end of World War II, America on there. Mr. President, there has been I said, on talk radio criticizing Bill determined to shore up the stability a tremendous success accomplished al- Clinton’s right to deploy American and security of Europe. Former friend ready. forces and his ability to command and foe alike were a shambles, com- Last August when I visited Yugo- those deployed forces because he did munism was a growing force in Euro- slavia, Sarajevo was judged so dan- not go to Vietnam. pean domestic politics, and the Soviet gerous that the administration said I will address this topic, Mr. Presi- Union showed both the ability and the that I and the delegation that I trav- dent, head on. Having not served, I inclination to incorporate all the con- eled with should not go there. We could must say, can be a handicap for people tinent into his family of satellite not get to the capital of the country serving as Commander in Chief of the states. which is at the heart of this problem. military, no two ways about it. There To our farsighted leaders of the pe- Today, not only is Sarajevo accessible, are parts of a job you grow into, and I riod, a crisis was apparent. They re- but Tuzla, where our troops will be sta- believe strongly that the President has sponded with a decisive commitment of tioned, is accessible as well. Already, really grown as a Commander in Chief. American leadership. They organized several congressional delegations have He inherited Somalia from the Bush an alliance of the United States, Can- traveled there in the past few weeks to administration, and as Commander in ada, and 13 European countries, an alli- see for themselves the conditions our Chief of the Somalia operation, Bill ance with a simple but breathtakingly troops will face. That access is the Clinton has experienced the human open-ended commitment, an attack on fruit of policy success. tragedy of being the leader when Unit- any member was an attack on all. In But success in any enterprise, Mr. ed States casualties occur. He has not other words, we would go to war to de- President, is temporary unless you are flinched from hard talks with the fami- fend any NATO member. With the im- willing to secure it and to build on it. lies of casualties that occurred on his plementing vision of the first Supreme The Dayton agreement provides for watch. Those talks are a sobering and Allied Commander, Dwight D. Eisen- military forces to enforce separation of maturing experience for any com- hower, the NATO alliance began a the parties and to ensure compliance mander, even a President. He is not record of achievement that climaxed with the agreement. If all the parties naive or starry eyed about what he is not a year later but 40 years later with comply with the agreement, success ordering young Americans to do. the fall of the Berlin wall and the col- will be achieved and a peaceful, secure There is another aspect of Presi- lapse of Soviet communism. Bosnia will not just be a possibility but dential service that must be consid- Whenever we give speeches about an odds-on likelihood. ered, particularly as we engage in this what we are proud of in America’s ac- Mr. President, given what has hap- kind of debate. Bill Clinton may not complishments since World War II, we pened in Bosnia and what could happen have been in combat in Vietnam, but in brag, and very properly so, about our without the decisive impact of Amer- a very real way he, like all his prede- victory in the cold war and the U.S. ican leadership, I contend this would be cessors, is experiencing combat now. leadership of NATO which made vic- a highly successful outcome, one in He is experiencing the daily danger tory possible. Mr. President, our com- which all Americans could take great which, unfortunately, is part of his job. mitment in 1949 was not totally as- pride. His residence has been attacked twice. sured of success. Far from it. And our Mr. President, much has been said—I He suffered the loss of a friend and commitment was not accompanied by a have listened to many colleagues, and I ally, Prime Minister Rabin. He knows congressional requirement for an exit have heard, particularly on talk radio, firsthand every day the sense of an un- strategy. In 1949 our leaders acted bold- concern expressed—about President known but ever present threat to your ly to leverage American leadership Clinton as Commander in Chief. First life and the life of your family, which into an alliance with a good chance of of all, let it be said that Mr. Clinton, is an essential part of combat. In this success. Today, with a new situation in our President, is the architect of this sense, too, he has matured a lot. The Europe, we face a requirement to act policy and he is the Commander in job has that effect on people. again, boldly, to restore and maintain Chief of our Armed Forces. As the dis- In the final analysis, though, the European stability. Again, NATO is the tinguished majority leader has cor- most important tool that the President instrument of choice. If we do not act, rectly stated, we only have one Presi- brings to being Commander in Chief is instability will spread more broadly in dent, one Commander in Chief. Our the fact that he is properly sworn. He a region in which major European pow- Armed Forces have a high level of good is the duly elected President of the ers have historic interests and have not order and discipline. They recognize United States of America. Mr. Presi- shrunk from war to advance those in- that fact. They will follow the orders dent, that is all it takes. Every Amer- terests. If we do not use NATO as our the President gives them. They will ican soldier, every American sailor, instrument, this alliance will not be proceed to the places named in his or- every American airman and marine available to continue its 40 year role as ders. must understand it. the guarantor of a peaceful, stable Eu- When we do our constitutional duty As far as a national interest, Mr. rope. of debating deployment such as this President, it does fall to the President It was not so long ago that our major one, we should not say or do anything of the United States to define the Na- European allies were usually at each which might separate the Armed tion’s vital interests and then act to other’s throats. NATO created a frame- Forces from their properly constituted defend them. Such interests are at work of defense cooperation in which chain of command. A resolution of this issue in the former Yugoslavia. The shared interests outweighed rivalries. body declaring support for the troops most important one, in my judgment, Today NATO expansion carries the po- but opposition to the action the Presi- is the stability of Europe. tential to extend the same cooperation S 18484 CONGRESSIONAL RECORD — SENATE December 13, 1995 into Eastern Europe and I hope, even- our national and military intelligence and I hope this debate does not prevent tually, Russia and other former Soviet communities have done and are doing and make more difficult a continuation States. I cannot think of a better way to support our troops with the best in- of our efforts to build upon that suc- to lock-in the benefits of the end of the telligence available, and also support cess. cold war. But without NATO as a vi- the NATO and foreign forces in the Mr. President, I yield the floor. brant, capable organization, it will not I-FOR. No one else in the world could Mrs. HUTCHISON addressed the happen. NATO cannot be such an orga- do this, except the United States. We Chair. nization without U.S. leadership. Mr. are doing it, as I said, to protect vital The PRESIDING OFFICER (Mr. GOR- President, stability in Europe and the interests. We are doing it in a good TON). The Senator from Texas. continued viability of NATO are our cause. Mrs. HUTCHISON. Mr. President, I vital interests, and they are at issue If all the parties to the Dayton agree- ask unanimous consent that Senator today in the Balkans. ment abide by it, our leadership will be LOTT be traded in speaking order for We have other lesser, but important brought peace to the Balkans. More Senator DOMENICI, who would be next, interests there. We have an interest in importantly, we will have extended the and also that Senator KASSEBAUM be a peaceful, stable, Russia which cooper- guarantee of European stability to added after Senator NUNN in the speak- ates with us and with NATO on defense which we have been committed, in ing order. The PRESIDING OFFICER. Without matters and with which we can share NATO, since 1949. If we lead with the objection, it is so ordered. mutual confidence. The deployment of vision of our post-war predecessors, we Russian units to the I-FOR under Unit- Mr. LOTT addressed the Chair. can achieve success in Bosnia. The PRESIDING OFFICER. The Sen- ed States command provides a poten- Mr. President, finally, let me point ator from Mississippi. tially priceless opportunity to build out what should be obvious. The suc- Mr. LOTT. Mr. President, I thank the such a relationship. Also, we have an cess that has been achieved thus far distinguished Senator from Texas for interest in developing a better rela- has been a success of the President of accommodating my schedule and al- tionship with the Moslem world. Mos- the United States committed to lowing me to change the order of the lems have clearly been the underdog in achieve peace in the Balkans, but a list of speakers. I also want to thank the Yugoslav war, and American lead- success that has been put together by her for her leadership in this area. It is ership to preserve and secure a Bosnia diplomats, by politicians, some elected not easy. It takes a lot of courage, and which is again safe for Moslems will and appointed leaders, not just of the the Senator from Texas has done an ex- have positive effect on United States United States but of all three of the cellent job on this issue. I support her relations with the Moslem world. It nations in the Balkans. And if success resolution because it best reflects my will show the truth of our national is to be the end goal, and if we are to views on this issue. character, which is we seek justice and achieve that success, the military can This resolution expresses opposition fairness and do not play ethnic favor- only do part of it. In order for the mili- to the decision to put United States ites. tary to be successful, we political lead- troops on the ground in Bosnia, and DRAFT A RESOLUTION TO SUPPORT SUCCESS ers are going to have to do the hard also it says that we support our troops. What we vote today matters. We work of making certain that all the Certainly, we all do, whether they are should not hamstring our commanders parties adhere to the agreement that in the Continental United States or with requirements that make success we expect them to sign in Paris tomor- anywhere around the world. This reso- harder to attain. When we require the row. lution is simple. It is direct. It is to the administration to supply armaments of I believe there is a good chance of point. And, I agree with it. I oppose the the highest quality to one of the com- success—of further and continued suc- decision to send U.S. ground troops to batants, the highest quality being the cess—a chance of success that is worth Bosnia. best the United States has in its own the risk that we take, the risk of lives Conversely, I intend to oppose the arsenal, or when we pass a resolution and the risk of capital in the Balkans. resolution by the distinguished major- which sets an artificial time limit on I hope that the debate about this res- ity leader, and the Senator from Ari- an operation which should only be olution—a nonbinding resolution that zona, Senator MCCAIN. They have done bounded by accomplishment of the as- does not necessarily impact the Presi- excellent work on their resolution. signed task, we are placing handicaps dent—I hope that the President hears They have improved it considerably. on Admiral Smith’s ability to accom- throughout all of this debate perhaps But it still has language that to me— plish the mission. I know none of us some criticism. But even critics have leaves the impression that a vote in wants to do that. Once our troops are to grudgingly, I hope, acknowledge favor of the resolution equates to au- committed, all of us wants them to that there is peace in the Balkans, that thorizing, or agreeing with the decision succeed. you can fly to Sarajevo, that children to deploy ground troops. It does not I must also add my concern about and civilians in Sarajevo markets do say exactly that, but it still has lan- Congress declaring U.S. creditability to not worry on Sundays—as they did guage that gives me discomfort in that be a strategic interest. We may be issu- when I was there on the 28th of Au- area. ing an open-ended invitation to Presi- gust—that 120-millimeter rockets and I also have difficulty with our put- dents present and future to make uni- mortars were going to rain down on ting United States troops on the lateral commitments and require Con- them and take their lives. That fear is ground—supposedly as neutral I-For gress to support them on the fuzzy gone today. The fear of sniper attack is troops between the Serbians, the basis of credibility. The stability of gone. Bosnians, and the Croats on the other Europe is reason enough for this oper- If the standdown of forces occurs in side—all while the United States leads ation, in my view. the first 30 days and in the next 45 days an effort to train, equip, and arm the Mr. President, I have been to brief- and the next 180 days, if we can just Bosnians. That is a precarious position ings at the Intelligence Committee and stand down the forces, the United for U.S forces. I think that is a very have spent the last two Friday after- States of America will continue to be impractical arrangement. You cannot noons at the National Military Joint able to say that we are saving lives. appear to be, or try to be neutral while Intelligence Center at the Pentagon, There are people alive today in Sara- you are in fact leading an effort to trying to learn all I can about this mis- jevo that would not have been alive train one party of the three factions in- sion and the intelligence support our were it not for leadership of the Presi- volved. So I have not been able to get commanders will be getting. I am im- dent of the United States and the peo- that problem worked out in my mind mensely proud to have a military that ple of the United States backing that with the language that is before the can do a mission like this—to go into President. Senate in the resolution by Senator difficult terrain in tough weather con- I hope we understand and appreciate DOLE. ditions and be able to provide its own the great success that only the United Mr. President, in 1921, Oliver Wendell support and security while being pre- States of America could achieve under Holmes wrote: pared to engage any or all of three con- the leadership of Bill Clinton. I hope A page of history is worth a volume of tending armies. I am proud of the work this debate does not cloud that success, logic. December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18485 Without an understanding of history, slavia at the close of World War II. In quility does not exist or has not ex- it is easy to repeat the mistakes of his- most cases, the hostility between the isted for over 600 years. tory, and it is in that context of his- parties was based on religious and cul- War is an ugly, gruesome undertak- tory that we must carefully review tural divisions and the leadership of ing. War should not be pursued or President Clinton’s decision to send the day, whether it be King Alexander waged for mere political expediency or United States ground troops into or Tito, used these religious and cul- humanitarian gains. Bosnia. tural hatreds as tools to suppress, to Now, there are those who will say On November 21, 1995, President Clin- check, and to trump the national aspi- there is not war here; this is a tenuous ton announced that an agreement had rations of each of the parties in the re- peace. Yes, but how long will it be that been reached in Dayton, OH, an agree- gion. The result was nearly continuous way? As I pointed out, one of the ment which he believed would secure bloodshed between the three warring things that worries me is if we go in peace in the former Yugoslavian Re- factions. saying we are neutral but acting in a public of Bosnia. According to him, key This backward, bloody, and ugly his- partisan way supporting one faction, to its success would be participation of tory led British Prime Minister Ben- how long will that peace hold? 20,000 American military personnel on jamin Disraeli to tell the House of While we must be good at waging the ground. Without American involve- Lords in 1878 these words, which are ap- war, not all wars are fit for the United ment, the President suggested there plicable to today’s situation. He said: States to come in and solve the prob- would be no peace and U.S. leadership No language can describe adequately the lem. Why must we always be the one of NATO would suffer, perhaps to the condition of that large portion of the Balkan that sends our troops in, no matter point of rendering NATO useless. But peninsula—Serbia, Bosnia, Herzegovina and where it is around the world, when we the President’s dire warnings must not other provinces—political intrigues, con- do not have a vital national security be simply conceded under the assump- stant rivalries, a total absence of all public interest? The United States should spirit—hatred of all races, animosities of only participate militarily on the tion that he is right. The decision to rival religions and absence of any control- send United States troops to Bosnia ground in places in which U.S. inter- ling power . . . nothing short of 50,000 of the ests are clear and understandable. should not be reached because of feared best troops would produce anything like I have looked long and hard to find diminution of United States leadership order in these parts. United States vital security interests in the world or of NATO. That was in 1878. If it would have which are under threat by the civil The fundamental decision should be taken 50,000 troops then, how many strife in Bosnia. I have not found any. based on answers to two simple specific troops would it take today? The United States does have vital secu- questions: Are vital United States na- When King Alexander was assas- rity interests in Central and Western tional security interests under threat sinated in 1934 by Croatian extremists, Europe, but the civil war in Bosnia in Bosnia? Do we have an effective exit Yugoslavia began to split apart at the does not threaten these interests. strategy? seams. Why was King Alexander assas- Therefore, we should not go. That is Before going further, I want to say sinated? Well, in 1929 he tried to create the fundamental hurdle that I cannot that the President deserves credit for an autonomous Serb, Croat, and go over. creating a negotiating framework Slovene government under a unified If our vital security interests dictate which brought together the leaders of federalist structure called Yugoslavia. that we should place troops in harm’s the warring parties and for fostering an While one central government was to way, then we must go. We should and environment of serious work to bring remain under his leadership, the three we will. We will be prepared to fight for peace to war-torn Bosnia. parties would achieve independence. our vital national interests and win. But the decision to deploy United The Dayton agreement—at its fun- We should go, though, as combatants States troops to Bosnia is much more damental base—seeks to resurrect prepared to fight, to do whatever is complex than just simply affirming a much of King Alexander’s failed plan of necessary, but only if our vital secu- peace agreement negotiated in Dayton. 1929. But instead of creating three sep- rity interests are required. Much more must be considered before arate states under one central govern- The President has talked about ro- our troops are deployed en masse. ment, the Dayton agreement seeks to bust rules of engagement. Before addressing the two immediate create two parts, the Croat-Bosnian But he has not clearly and specifi- questions regarding this decision, Federation and the Serbian Republic, cally outlined his commitment and in- though, whether to deploy the troops, all under one central government. tent to respond disproportionately we must understand the history of Just as President Lincoln said, ‘‘We should U.S. troops come under attack Bosnia, if for no other reason than to cannot escape history,’’ neither can or siege. If our troops go, there must be gain some sense of the potential suc- President Clinton escape the history of no limits. If Serb forces take hostages, cess or failure of that Dayton agree- Yugoslavia, nor can any of us afford to or others, or attack U.S. patrols, the ment. ignore it. Based on this history, it is President must be willing, committed In his second State of the Union Ad- likely—and unfortunate—that there and intent on taking the conflict to the dress in 1862, President Lincoln coun- will be no peace in Bosnia with or with- safe haven of other countries that are seled the Congress to remember that out United States troops on the ground involved, specifically Belgrade. we cannot escape history. That same to support it. I have not heard this commitment counsel applies to the strife-ridden No international troop presence on from the President, nor do I read this Bosnia. the ground in Bosnia will restore peace level of commitment as his intent. The former Yugoslavia found its to a region which has forgotten peace, Anything less will sentence U.S. birth in 1918 as the Kingdom of the does not remember peace, and does not ground personnel to a hunkered-down, Serbs, the Croats and Slovenes united forgive past violations of peace. United bunker existence suffering casualties under the reign of King Alexander. In States troops should not be squandered in disparate hit-and-run attacks. U.S. 1929, the country was renamed Yugo- on such a prospect. personnel would become targets, plen- slavia, but the recent civil unrest in Yes, we all hope for peace, but the tiful and ripe. Bosnia can be traced much further peace must be achieved in the hearts We have made that mistake in the back than that. The deep hatred and and minds of the people there who have past. We made it in Somalia. And we animosity of the Serbian, Bosnian, and been warring for centuries. America should not repeat it. It may not happen Croatian peoples was not born from cannot impose it with military troops. immediately. Maybe it will not happen their forced union in 1918. It reaches The United States has a history, a in the cold, snowy winter months after back to the mid-1300’s when the Otto- noble history, and a heritage born from we first arrive. But it would, I think, man Turks subdued the Serbian state. war in search of peace. Ours is a noble happen sooner or later. And the price History is clear that death, civil history and heritage, but this heritage of American lives should not be set so strife, and general mayhem between should not and does not commit us to low for a goal so distant from our own the Serbs, Croats, and Bosnians was blind military commitments, the goal vital security interests. prolific between the mid-1300’s until of which is to right historical wrongs As President Clinton announced his Tito solidified his control of Yugo- or impose tranquility where tran- intention to send U.S. troops to S 18486 CONGRESSIONAL RECORD — SENATE December 13, 1995 Bosnia, I pulled out his National Secu- National Security Strategy, he ac- The PRESIDING OFFICER. Without rity Strategy, a document that the knowledges that successful peace oper- objection, it is so ordered. President presented to the Congress in ations can only be sustained when the Mrs. FEINSTEIN. I thank the Chair. July 1994. Under the section addressing responsible parties want peace. Once Mr. President, I have really come full peace operations, on page 14, it says: again, the history of the region does circle on the question of whether or Two other points deserve emphasis. First, not lead anyone to believe that the not to send U.S. troops to Bosnia to try the primary mission of our armed forces is leaders of Serbia or Croatia and Bosnia to keep the peace. I must say I was ini- not peace operations; it is to deter and, if want peace at all costs. And this plan tially very skeptical. I believed that necessary, to fight and win conflicts in will not grow the seeds for such a de- you could not keep a peace that the which our most important interests are sire. people in Bosnia do not want kept. And threatened. Second, while the international I urge my colleagues to look at the in the earlier meetings of the Foreign community can create conditions for peace, proposed settlement map. As I under- the responsibility for peace ultimately rests Relations Committee I was not con- with the people of the country in question. stand it—and there has been some dis- vinced by the arguments presented by That is what President Clinton had to say agreement and controversy about Secretaries Christopher and Perry and just in July of 1994—only 17 months ago. this—but there will be some repatri- the Chairman of the Joint Chiefs of The President’s own national secu- ation of displaced Serbs into Croatian- Staff. rity strategy does not warrant sending held territory. Maybe we will not be But as events have developed, I have troops into this area. Bosnia does not actually doing that, but as I under- come to the conclusion, after attending represent a conflict in which our most stand the agreement, we will be respon- every classified briefing and every For- important interests are threatened, nor sible for protecting them and at least eign Relations Committee meeting, have the people of former Yugoslavia in some ways assisting in this oper- that the President’s policy is the only assumed the responsibility for peace. ation. way to stop this war and prevent its The second issue which must be con- How do you think the Croatians will spread. I believe there is far greater sidered prior to sending troops is the react to this repatriation? Approv- risk in doing nothing and seeing the question of identifying a clear, defini- ingly? Or the Bosnians when people of spread of this war than there is in tive exit strategy. How will we know Serbian descent are repatriated to doing something and trying to bring when the mission is completed and it is Bosnia? Do not forget that this current about a just peace. time to leave? We have been told a conflict started when the Serbs decided The Dayton peace agreement would year, or was it about a year? Will it be they wanted to exterminate the not have been reached without U.S. 14 months or 15 months? How much Bosnian people from territory they leadership, and it will not be success- will it cost? We were told, well, $1.5 bil- considered theirs from centuries be- fully implemented without our leader- lion. And then we were told, $2 billion. fore. ship either. We all know it will be $4 billion or $5 I just do not believe this plan will I have also become deeply convinced billion. work. If it could work, it could work that the United States has a moral The President said the U.S. mission without U.S. ground troops on the mission here, that the cause is noble in Bosnia will be ‘‘clear, limited, and ground. King Alexander tried it 68 and the cause is just. Today one-half of achievable.’’ But I have not heard ar- years ago. He paid the price with his the people of Bosnia are either dead or ticulated the most important point: life at the hands of a Croatian loyalist homeless. Rape has become an instru- How will we know the mission has been and extremist. If we try it, Americans ment of war. Atrocities have been com- achieved so that we will know it is will die in a faraway land, one steeped mitted that have not been seen since time for us to leave? If we do not have in hatred and one in which we have no World War II. This must end. People a clear, identifiable exit strategy, we vital security interests under threat. have had enough of war. will be suspect to expanding our reason The United States should not resign The United States is being asked es- for going. New missions will be added, itself to rubber stamp this decision— sentially to provide one-third of the like we have seen in other instances. one based on noble intent, yet ill-con- peacekeeping forces. The other day I Success will be harder to identify. ceived. The President has tried to ex- was visited by the new British Ambas- A successful exit strategy cannot be plain the logic of deploying U.S. troops sador. He pointed out to me that Great driven by a time limit as the President on the ground in Bosnia, but only one Britain is going to provide 16,000 has suggested and as, quite frankly, page of the history of this troubled re- troops, a nation far smaller than ours; the Congress has sought. Is it just that gion explains why we should not go. 13,000 in Bosnia itself and 3,000 in Hun- we will stay 1 year, wait for the I urge my colleagues to vote for the gary and Austria. Bosnians to be sufficiently trained and Hutchison resolution and against the He also said, ‘‘Know this. If the Unit- equipped, and then leave? I do not Dole-McCain resolution. ed States goes, we go, too. We in Great Mrs. HUTCHISON addressed the think that is what was intended, but Britain and in Europe look at you as Chair. the leader of NATO.’’ If NATO is to perhaps that is the real exit strategy. The PRESIDING OFFICER. The Sen- function, the United States must lead It must be constructed with the inten- ator from Texas. tion of leaving behind a locally sup- Mrs. HUTCHISON. Mr. President, I and perform. And I believe that is es- ported peace that does not require an ask unanimous consent that Senator sentially the way it is today, whether we like it or not. open-ended commitment of U.S. troops. MACK be added in speaker order after At our most recent Foreign Relations Once again, the history of the region Senator SARBANES and Senator JEF- Committee hearing on December 1, I does not lead to any rational conclu- FORDS be added after Senator KERRY of was deeply impressed with the argu- sion that is what would happen. Massachusetts. I do not believe that the American The PRESIDING OFFICER. Without ments put forward by Secretary Chris- people are willing to support a pro- objection, it is so ordered. topher, Secretary Perry, and General longed occupation by U.S. troops in Mrs. FEINSTEIN addressed the Shalikashvili. They laid out not only Bosnia, and we will have one if no clear Chair. the rationale for our involvement but a exit strategy exists. The PRESIDING OFFICER. The Sen- clear and well-defined plan for carrying In the Persian Gulf we had a clear, ator from California. out our mission. measurable, and definite exit strat- Under the unanimous-consent order, Some of the opponents of this policy egy—expel Iraq from Kuwait. Many the next speaker on the Democratic are making the argument that they op- people think we should have gone fur- side was to have been the Senator from pose the policy but they support the ther. I am not one of them, because, Virginia. troops to carry it out. In fact, the you see, we had a strategy. It was to Does the Senator from California ask Hutchison resolution that we will be remove Iraq out of Kuwait and then unanimous consent to change that voting on shortly says exactly that. leave, period. No one disputes the re- order? But as I listened to these arguments, I sults of the gulf war. Mrs. FEINSTEIN. Yes. It is my un- must say that to me they strike me as This is not the case in this present derstanding that for the time being I a figleaf at best and disingenuous at situation. Under the President’s own am taking his place. worst. December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18487 We all support our troops. That goes fail to take this opportunity, this war have said, ‘‘You know, many of our without saying. But what message do will surely spread to Kosovo, to Mac- citizens can’t recognize Bosnia on a we send to our troops if we send them edonia. It then involves two NATO al- map. We don’t want to send our people off to do a job and in the same breath lies— Greece and Turkey—and then it there. They may die. We have no major declare that the job that they are involves the rest of Europe, and Europe national interest in the area.’’ And I doing is illegitimate? How can you say, has always been a vital interest to the thought this originally. But I believe ‘‘I condemn the mission you are being United States. Our men and women the United States does have an interest sent to do, but I support you in doing have fought two wars on the European in a safe, secure, and stable Europe. it’’? Will our troops really believe they Continent because of that interest. The United States does have an inter- have our support if this is what the There is also the myth that there is est in assuring that this conflict does Congress of the United States says? no clear and defined mission, and I not spread and become the third gen- Some have raised the specter of a re- would like to debunk that. eral European war of this century. peat of Vietnam in Bosnia, but the real Some of my colleagues have com- The United States does have an in- repetition of Vietnam would be to send plained that this operation is not clear, terest in supporting our NATO allies United States troops to carry out a and that it is not achievable. But if and assuring that NATO can continue mission without supporting that mis- you listen to the President, to Sec- in its role guaranteeing European secu- sion. Some of my colleagues have retary Christopher, to Secretary Perry, rity. asked: ‘‘Does anyone believe we are to General Shalikashvili, to General Because of World War II and because really going to stand by our young men Joulwan, and to others in our military, of the threat of Communist aggression and women that we are going to send it is clear that this mission, in fact, is from the Soviet Union, the NATO alli- to Bosnia?’’ Well, I certainly am, the clearly defined. As a matter of fact, ance was set up to provide peace and President is, the full force of the Unit- General Joulwan said yesterday he stability for the NATO nations, and ed States military is, and I believe that should know within the first 3 months this Nation has always been in the the Senate will in the long run as well. whether the mission can succeed or leadership of that effort. We have made In my view, the Hutchison resolution not. the commitment to it throughout the undercuts the troops. It says it sup- There is a clear exit strategy. Our years, and the reason we have done so ports the troops, but it is designed to troops are not being asked to go to is because of the failure of Europe in give the President a back door to pull Bosnia to engage in all sorts of World War I to protect itself, in World the rug out from under them. Instead nationbuilding activities. The military War II to protect itself, and, I am sorry of giving lukewarm support to the mission and the goals are explicit, and to say, that same failure we see there troops by questioning the wisdom of they are limited. We will not be en- today. You see, very few strong Euro- their job, we should unify behind the gaged in civilian policing. We will not pean leaders are willing to come for- policy and commit to giving our troops be engaged in refugee resettlement. We ward and say, ‘‘We will tackle this job every advantage, all the equipment and will not be engaged in civilian recon- alone because it’s on our back door.’’ all the support they need to carry out struction. We will not be engaged in Now, we can be repelled by this, we the mission successfully. election monitoring. can be reviled by it, we can view it We cannot have it both ways. If we The President and NATO leaders with dismay and with some shock, but support the troops, we should support have been quite clear. Our forces in it is the real world out there, and, the policy. Bosnia will monitor the military as- therefore, this is where the credibility I have had an opportunity to review pects of the peace agreement, the ces- of the NATO alliance comes in. The the Dole-McCain resolution, and I sup- sation of hostilities, the withdrawal of United States is critical to the success port it and I support it strongly. I forces to their respective territories, and survival of the NATO alliance. would like to set aside some of the and the lines of demarcation. They will As the British Ambassador said to myths that I think have been raised by monitor the redeployment of forces and me 2 days ago, ‘‘We will be there as those who are opposed to it. heavy weapons to designated areas and long as the United States is. If the The first is the myth of the intracta- the establishment of zones of separa- United States leaves, Great Britain ble nature of the conflict. There are tion. That is the mission. leaves.’’ Period. The end. That, to me, some who appear to have bought into I want to speak about the one part of spoke volumes of the importance of the argument of ultranationalists on the Dole-McCain joint resolution that U.S. leadership. There was no European all sides. Yes, there have been wars for does concern me, and that is the part country that could effect the peace. It hundreds of years in the Balkans, but that appears on page 4 and speaks to took the United States of America to there has been a history of war and the balance of power. A major portion effect the peace. So I believe we have brutal atrocities in Britain, in France, of this effort is to see that when the an interest in reaffirming our own posi- in Germany. Today these nations are United States pulls out in approxi- tion as the global leader of the free at peace. mately 1 year, there is a defensive bal- world and protecting that leadership As the distinguished Senator from ance of power so that the Bosnians, if and that freedom. Ohio pointed out yesterday, we had need be, can defend themselves. This I believe the United States has a Prime Minister Shimon Peres on the can be a deterrent to future wars if it moral interest in ending crimes against floor of the House yesterday speaking is carried out correctly. However, it humanity. I, myself, could have been about the long history of violence in cannot become the launching point for born in Eastern Europe, in Poland. I the Middle East. That goes back to the radical Islamic fundamentalism on the would never have been privileged to Crusades, and even beyond. Conflict European Continent, and I want to have a good life had that been the case. has been endemic to the Middle East stress that. Well, the same circumstances are for centuries, but today peace is begin- The Dole-McCain resolution very present today in Bosnia. I remember ning to take hold. clearly describes periodic reports on all during the 1940’s, when people were What about Northern Ireland? That the armaments provided to the saying, ‘‘How could we not have re- conflict has gone on for a long time as Bosnians that the President will make sponded?’’ ‘‘How could we not have well. But I do not think anyone here to this Congress, and I think that is ex- known?’’ ‘‘How did we not know that would suggest that the Middle East or tremely important. I think every Mem- these boxcars were traveling through- Northern Ireland are beyond help and ber of this body should be militant in out Europe and turn a deaf ear to what doomed to an eternity of conflict, and seeing that destabilizing weapons do was happening?’’ I do not think we should come to the not go into this area and that the bal- It is moral. It is just. It is noble. We conclusion that the only way of life in ance of power that is achieved is a de- are not asked to fight a war. We are Bosnia is a way of death and atrocities fensive balance of power. I think that asked to give peace a chance. and the spread of the war. is extraordinarily important, and I Thank you, Mr. President. I yield the The fact is that there is now an op- think it has to be clearly stated. floor. portunity for peace, perhaps the only There is another myth about the lack Mrs. HUTCHISON addressed the opportunity that we will have. If we of U.S. interests in the region. People Chair. S 18488 CONGRESSIONAL RECORD — SENATE December 13, 1995 The PRESIDING OFFICER. The Sen- flicts. I think they would have envi- Of course, he would like to have Con- ator from Texas is recognized. sioned that Congress should authorize gress’ support. The Senate’s consider- Mrs. HUTCHISON. Mr. President, a peacekeeping mission that the Presi- ation of these measures will provide us Senator HATFIELD is on his way to the dent and the Secretary of Defense and with the opportunity to participate in floor, and he is next in line to replace the Chairman of the Joint Chiefs have the debate. However, do not be misled. Senator DEWINE in the order. I wanted said is going to put troops in harm’s With the exception of the measure to take this opportunity until he gets way, where there may be casualties, passed by the House that we have de- here to answer what several Senators and I believe our Founders would have feated today, the other two resolutions have said on the floor—most recently, wanted authorization by Congress. which we will consider, and likely pass, the Senator from California, and before They did not want it to be easy to are not legally binding. that, the Senator from Connecticut— send our troops into harm’s way. That Mr. President, I want to reflect for regarding people who would support is why they made it the decision of just a moment on some very interest- my resolution, who are in full support Congress to declare war, while the ing history on Vietnam. Many who can of the troops, though they have ques- Commander in Chief would run the op- recall during that war period, Members tions about this mission. eration. The Commander in Chief does of the Senate, particularly, would I think it is very important that have the right to run the military. stand before the television cameras for every one of us in this body give to There is no question about it. But it is the evening news and wring their hands each other Member the right to have a very clear in the Constitution that about how awful this war was and why vote of conscience. And there are many Congress should be consulted and au- it should not continue. But at no time of us who do not think this is the right thorized any time our troops are sent during that period was any Member of mission, but who are going to go full into harm’s way. Congress willing to take responsibility. force to support our troops. In fact, we I was holding the floor for the distin- All they wanted to do was to criticize believe we are supporting our troops in guished senior Senator from Oregon, the President. I have a feeling that the most effective way by opposing this who has now arrived. I yield the floor there is a reluctance over the last few mission because we think it is the to him for his comments. years, since we passed the War Powers wrong one. The PRESIDING OFFICER. The Sen- Act, for Congress to stand up and take ator from Oregon is recognized. I do not question anyone’s motives, responsibility. It is much easier to Mr. HATFIELD. Mr. President, on or how they feel, if they vote against criticize the President, whether Repub- Thursday, the leaders of the warring the Hutchison–Inhofe resolution. But, lican or Democrat, than to assume a by the same token, I think it is impor- parties in Bosnia and Herzegovina will formally sign a peace agreement that partnership role, as provided under the tant that those who are going to sup- was initialed last month in Dayton, War Powers Act. port the Dole-McCain resolution and Let me say that while I know that OH. This formal signing will pave the the Hutchison–Inhofe resolution—that the President is sincere in his attempt way for the deployment of the 60,000- it be known that they, too, are doing to bring peace to Bosnia, I find it hard strong NATO peace implementation what they think is right. to believe that anyone can define a suc- It is a tough decision for anyone to force. Congress has a role to play in making cessful military mission which will en- vote to put troops in harm’s way. And decisions about the use of U.S. troops sure a lasting peace in the region. if someone decides that they can best in hostile situations. In fact, we have The ethnic struggles which have led support the troops by opposing the an obligation to our constituents to to war in Bosnia and Croatia are the President’s decision, I think that ev- raise questions about any mission that result of more than 800 years of hatred eryone knows, or should know, that will lead to our troops being put in and mistrust. How are we going to that is the right of every Senator to harm’s way. change the course of history in one do. After the Vietnam war, Congress in- short year? In my view, this is an im- There have been other missions in sisted that it have a partnership role possible and unrealistic military mis- the history of this country, in which with the President in future conflicts. sion. the people have been good people, sup- So the Congress passed the War Powers I will go back to school-teaching ported by America, well equipped, Act. Under this act, the President re- days and say I hope that people would given everything they need to succeed tained the power to dispatch troops take the time to read one very brief in their mission, but nevertheless the when there was an emergency. But synopsis of the history of this region of same people in America have not within 60 days of the deployment Con- the world. Robert Kaplan’s ‘‘Balkan agreed with the mission. gress had to take action to specifically Ghosts’’ is a very straightforward trea- I think the mission in Vietnam was authorize the deployment, tell the tise on the history, and the impossibil- certainly controversial. But the people President to bring the troops home, or ity of this kind of a mission I would of this country loved and revered the to continue to evaluate the situation apply to that history. Read the history. people who went to Vietnam from our after another 60 days extension. It was We do so little reading, we do so little Armed Forces and fought there for our intended to force Congress to take ac- reflection on how we got to where we country. So I do not think there is any tion, to participate in the decision. are and what were the forces that made question whatsoever that you cannot Unfortunately, Congress has found that possible in our own country, let support a mission and support the ways to avoid taking action. Since alone an area of the world that is prob- troops fully. I think that each of us has 1965, Congress has voted only twice to ably one of the least understood areas the ability to make this decision for authorize the deployment of United of the world from either political, eco- ourselves. States troops and, in recent years, we nomic, social, or cultural history. As I have said, I think it is incum- have voted on nonbinding resolutions, During the last 31⁄2 years we have bent on a Member of Congress to make in some cases, and we have allowed seen more than 50 partial and general this decision. It is a constitutional re- troops to be deployed in the Persian cease-fires signed in this region with sponsibility that we were given by the Gulf, Somalia, Rwanda, and Haiti, these contestants, these parties. All Founders. They did not want it to be without authorizing legislation. We are have been broken within several weeks easy to send troops into a foreign con- about to do so again today. of their signing. My dear colleagues, flict. That is why they put Congress in During the course of this debate, the they have been doing this for 800 years, the power to declare war. I do not Senate will have the opportunity to lying to one another, not meaning know that our Founders had even vote on three different measures relat- what they were doing, because of that thought about peacekeeping missions ing to the use of United States forces deep hatred that they have. To see this and the nuances that we would have on in Bosnia. We have already completed happening here, even in our own day declaring war. I do not think they the first one. The President has re- we do not seem to be taking much les- thought about a Commander in Chief quested congressional authorization, son from it. sending our troops into what is talked but has said that he intends to deploy In addition, we have seen three pre- about as peace, but which, in fact, is U.S. troops with or without that au- vious peace agreements come and go. sending our troops into military con- thorization. Given this history, it is impossible for December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18489 the President to promise he can pro- chandising that we have been doing in the past because I felt that lifting tect U.S. troops. No one can guarantee with such efficiency during and ever the arms embargo would only lead to their safety if the peace agreement since the Cold War. more bloodshed. Those who supported falls apart. In addition to equipping the the lifting of the embargo did so be- The Dayton peace accord calls for the Bosnians, the United States will also cause they felt, if we arm the Bosnians, immediate transfer of peacekeeping provide necessary training. The agree- they would be able to defend them- control from the U.N. peacekeeping ment sets a precedent that military selves, thereby doing away the need for forces to the NATO peace implementa- arms must be maintained to achieve U.S. troops to become involved in the tion force. The approximately 20,000 stability in the region. In my view, this ground war. U.N. peacekeepers in Bosnia will be re- will only lead to an unfettered arms Rather than joining with our allies placed by 60,000 heavily armed troops buildup and further undermine our to secure and enforce the embargo under NATO command. ability to bring lasting peace to the re- against all warring parties in the re- Mr. President, this is not a peace- gion. gion, we could only see military might keeping force. This is an army. It The arms embargo was not a success as the solution to the complex prob- proves that we are trying to solve a po- to begin with. At the same time we lem. How many people do we have to litical dilemma, a religious dilemma, a now go through that charade, to think kill in actions of war to realize the cultural dilemma, with military troops we are going to do something to reduce total fallacy of that thesis? We now say rather than through diplomacy and ne- the arms. We should be pushing to get we are going to send more troops in. gotiation. the region disarming; disarming, not We are talking about injecting our own One must only look at the peace rearming. troops into the war—and that is what agreement to see this. The primary There is no question that the war in it is, because there has been no peace mission of this course will be to imple- Bosnia has had a terrible human toll. reached yet. As I said before, we are ment the military aspects of the peace More than 140,000 Bosnians have been going into Bosnia with an army and we agreement. This includes monitoring killed during the conflict. Another 3.6 are going to force the peace. This is dif- and enforcing the requirements that million refugees and internally dis- ferent from the traditional notion of each entity promptly withdraws their placed persons have been created by peacekeeping missions, such as the forces behind a zone of separation this action and have had to flee their ones we have seen in countries like which will be established on either side homes. Although the peace agreement Korea and others. of the cease-fire line, and that within includes provisions allowing refugees I do not take this deployment light- 120 days each entity withdraws all to return to their homes, it is unclear ly, nor do my colleagues. American sol- heavy weapons and forces to barrack how many will be willing or able to re- diers will likely be killed during this areas. turn. And we see in the news of the mission in Bosnia. We have to accept However, under the agreement, the sacking, the burning of those homes that reality. Our brothers, sisters, current warring armies will continue that are being vacated for the transfer wives, husbands, and children will be at to exist. Each entity is permitted to of population. risk. In Bosnia and Croatia there are maintain their army. The NATO forces Cases of ethnic cleansing continue to nearly 6 million landmines in the will be made up of enough firepower to, come to light as mass graves are un- ground. These hidden enemies pose the in the President’s words ‘‘respond with covered near the so-called safe havens greatest risk to our troops. In fact, overwhelming force’’ to any threats to that have been overrun by the Bosnian landmines have become the leading their safety or violations of the mili- Serb Army. cause of casualties in Bosnia of peace- tary aspects of the agreement. No side to this conflict has clean keeping forces. This does not sound like a peacekeep- hands. I can assure you that during the Even though the peace agreement re- ing mission to me, and it should not be time that this was happening, there quires all sides to participate in identi- promoted to the American public as a were some of us who were raising the fying and removing these mines, the peacekeeping mission. question of choking off the arms, chok- reality is that little information exists Furthermore, while the agreement ing off the arms that were flowing about the layout of the minefields scat- calls for the parties to enter into nego- down the Danube from our allies, from tered throughout Bosnia. As we have tiations before the Organization for Se- our friends—from Greece, from France, seen in Cambodia and Afghanistan, curity and Cooperation in Europe on from Italy, from Germany. And who mine removal is a tedious task which future arms and heavy equipment re- knows what kind of arms out of our takes years. Landmines in Bosnia en- strictions, the agreement also con- country were in a third-party transfer? danger not only our troops and peace tradicts that arms control goal by lift- We never did try with great effort to implementation forces, but also civil- ing the international arms embargo on stop the flow of arms, even under the ians who are trying to return home and Bosnia, Croatia, and Serbia. embargo. Now we are going to lift the rebuild their lives. Now, get this. We are not only send- pretense of an embargo in order to I will not support any resolution that ing our troops in there and letting make them much more available and explicitly or implicitly gives the Sen- them maintain their own troops; we accessible. ate’s support for United States troop are saying we are going to lift the arms In order to end this human tragedy, involvement in Bosnia. While I will embargo so that they can look forward, we must take away the means to make wholeheartedly support our troops after 180 days, to getting into an arms war. A successful peace will be one that once they are there, not under their race, escalating their military equip- includes a strategy to diminish the own doing, under the Commander in ment, their arms. war-making capability of all sides to Chief, I cannot and will not endorse The agreement states that no side this conflict. It is amazing how we can this military mission. may import arms for 90 days after the orchestrate 25 countries of the world We must bring a lasting peace to agreement enters force. There is this for a common purpose to fight a war Bosnia, but we must do so by limiting, 180-day restriction, I repeat, on the im- for oil, but somehow we do not find our not increasing, the war-making capa- portation of heavy weapons, mines, ability to orchestrate our allies for the bility of all sides in the conflict. In my military aircraft, and helicopters. cause of peace, or to disarm an overly opinion, the mission outlined by the After that, all bets are off. In fact, ad- armed area of the world that is a great President fails to meet this basic re- ministration officials have indicated trouble spot. quirement. I yield the floor. that, if necessary, the United States During the course of congressional ORDER OF PROCEDURE Government will begin rearming the consideration of the war in Bosnia, we Mr. DOLE. Mr. President, what I Bosnian army as early as next summer have failed to take the steps necessary want to do, if we can—I know there are in an effort to bring a balance of power to limit the war-making capability. some people who still want to talk. I between the warring factions. The only votes that the Senate has know the Senator from Texas would In other words, arms beget arms, vio- taken since the war began in 1991 have like to have a vote on her amendment. lence begets violence. And we are going been to unilaterally lift the arms em- I would like to have that vote, if we to continue this worldwide arms mer- bargo. I have opposed these resolutions can, at 4 o’clock. S 18490 CONGRESSIONAL RECORD — SENATE December 13, 1995 I have just been on the phone with Mrs. HUTCHISON. Mr. President, if I that we consider so important that we the President. He would like to have could answer, I think there are at least are willing to work, that we are willing the vote as early as possible. I know 20 people signed up to this point. to risk dying for it. I think, for exam- the House is involved in debating reso- I was, of course, hoping that the dis- ple, we would all agree that we would lutions over there. I know some of our tinguished minority leader might be do whatever it was necessary to do in colleagues have yet to speak, but there able to put a time agreement together, order to protect immediate members of will still be one additional resolution; and then I think we could gauge the our family. But there are also larger that is the Dole-McCain-Nunn- length of the speeches a little more and risks that are worth dying for—as a Lieberman, and others, resolution. So perhaps reach a conclusion, and I as- Nation worth putting our troops at people could still speak in general de- sume that everyone would like to do risk for. I have seen some of these bate. this before the President leaves at 6 risks. I have seen war. I have had men It seems to me there is no reason not o’clock or so. literally die in my arms in combat. I to vote on the amendment by the Sen- Mr. DOLE. I think there is a phone have written letters and talked to the ator from Texas. There is no use mak- on the plane. parents of those who have lost their ing a request if it will be objected to. Mrs. HUTCHISON. I am sorry to hear lives under these circumstances. It is Does the Democratic leader think we that. not easy. But the cost of freedom is can proceed on that basis and still have The PRESIDING OFFICER (Mr. high. Yet, it is a price that I believe plenty of time for debate? THOMPSON). The Senator from Virginia. that we have to be willing to pay. Mr. DASCHLE. I have consulted with Mr. ROBB. Mr. President, I ask unan- We cannot shrink from the role that a number of our colleagues on this side imous-consent the Senator from Flor- only the United States of America can of the aisle, and many of them feel ida, Senator GRAHAM, be added in the play in making peace work in faraway very strongly about their need to speak next Democratic slot on the list of lands when America is now the only prior to the time they will be called speakers. nation with the capacity to lead this upon to vote on either measure. They The PRESIDING OFFICER. Without effort to a successful conclusion. No would prefer to give one speech rather objection, it is so ordered. one supports the atrocities which have than two. Mrs. HUTCHISON. Will the Senator occurred daily in Bosnia. But the ques- In my urging to limit Members to from Virginia yield for a unanimous tion we face is whether the lives of one speech, and hopefully to keep those consent request to add Senator HELMS American service men and service speeches to a minimum length, I will in the next available slot? women are worth risking to stop it. have to accommodate them and their Mr. ROBB. I am happy to yield. Mrs. HUTCHISON. Mr. President, I And I believe that risk is appropriate. interest in speaking and being pro- I believe we have a moral responsibil- tected in their opportunity to speak ask unanimous consent Senator HELMS be added in the next available Repub- ity to act. prior to the time that they would be In that vein, I was struck by Elie lican slot. called upon to vote. Wiesel’s comments this morning when I am compelled at this point to ob- The PRESIDING OFFICER. Without objection, it is so ordered. he said, ‘‘We in the United States rep- ject to the scheduling of the vote prior resent a certain moral aspect of his- to the time that they have had the op- The Senator from Virginia. Mr. ROBB. Mr. President, we cannot tory. A great nation owes its greatness portunity to speak. and should not attempt to act as the not only to its military power but also My preference would be that we have to its moral consciousness.’’ He went both votes back to back to accommo- world’s policeman. But that eminently sensible acknowledgment of the limits on to say ‘‘What would future genera- date the speeches, and I think we can tions say about us, all of us, here in get some cooperation in limiting the of U.S. power cannot and should not deter us from acting when it is the this land, if we do nothing?’’ And I re- lengths of time, if that can be done. member his deeply-felt plea to the Mr. DOLE. Certainly this Senator United States and only the United same effect some 21⁄2 years ago at the does not have any problem with back States that can end aggression and dedication of the Holocaust Museum to back—anything that would expedite bloodshed, or in this case the genocide when he turned and urged President the process. I think most people have that has already claimed the lives of Clinton to stop the war in the Balkans. spoken with reference to one or two of over 200,000 human beings and left over 2 million as refugees. Mr. President, doing nothing rep- the amendments. I do not know how resents an abdication of our respon- many more speakers are on this side. I understand the concerns and reti- cence of many of our colleagues, indeed sibilities as the leader of NATO and the Some have spoken a number of times. larger community of nations. Doing I think if we limit our speeches to most of the American people. Calls in nothing increases the likelihood of a one per Member, or at least two per most congressional offices remain larger war in Europe. Doing nothing Member, that would help some. Maybe overwhelmingly against putting United amounts to tacit acceptance of more we can have a back-to-back vote at States ground forces in Bosnia. But without U.S. leadership, there would be slaughter in Bosnia. some time. The Prime Minister of Israel, Shimon How much more time do you think it no peace. The Europeans tried nobly Peres, yesterday at a joint session of will take on your side? but in vain. The fighting did not stop Mr. DASCHLE. A lot of our col- until the United States led NATO in Congress was eloquent and powerful in leagues are not willing to commit to a the air and led the diplomatic efforts saying to us time limit yet. We are working on get- which culminated in the initialing of You enabled many nations to save their de- the agreement in Dayton and the final mocracies, even as you strive now to assist ting at least an agreement that every- many nations to free themselves from their body speak just once and then hope- signing that will take place tomorrow nondemocratic past. You fought many wars. fully limiting their time for speaking. in Paris. You won many victories. Wars did not cause At this point, I am not able to give Without U.S. leadership and active you to lose heart. Thanks to the support you the leader any specific estimate as to participation on the ground, the peace have given, and to the aid you have rendered, the amount of time we need. will end and the carnage will continue. we have been able to overcome wars and Mr. DOLE. I do not make the re- We now represent the last, best hope to tragedies thrust upon us, and feel suffi- quest, then, because the Democratic bring the war in the Balkans to a close. ciently strong to take measured risks to leader has obviously not been able to Are there risks? Certainly there are wage our campaign of peace. give me the consent, so there is no risks, serious risks. Of course there are Mr. President, we now stand alone as need doing that. some risks to our troops even in nor- the only country capable of restoring In the meantime, we will try to see if mal training exercises. But I believe order and a sense of hope in Bosnia and we cannot find some consensus, some the risks are even greater if we fail to Herzegovina. The American imprima- agreement here, where we could have honor this commitment. I do not relish tur carries enormous weight among the back-to-back votes at some reasonable putting our troops at risk in the community of nations. We can and hour. barrens of northeast Bosnia. should seek to spread the word of peace We have how many speakers left But for each of us, I would suggest to places like the Middle East, and Ire- now? that there are some risks—something land—and, yes, Bosnia—that have December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18491 known the language of violence and case is the right thing to do. And that that I take a back seat to in terms of war for too long. is to support the deployment and to supporting the defense of our Nation, Mr. President, these war and peace support our troops in the commitment and I have had a lot to do over the last decisions are difficult, and they reach that the President of the United States 15 years with how much we spend on deep into our emotions. I believe our acting in his capacity as Commander in defense, not necessarily the details, but Founding Fathers were wise to vest in Chief has made there and on our behalf. a lot to do with the total that we the President the responsibilities of With that, Mr. President, I ask our spend. I have come down for the most being the Commander in Chief of our colleagues to vote against the resolu- part on the side of spending more rath- Armed Forces while providing Congress tion which would be a resolution of dis- er than less. We must have the best with the power of the purse and the ex- approval, and vote for the bipartisan equipped force rather than take any clusive right to declare war. effort that the majority leader and oth- risks. We must pay our All-Volunteer We have only one President at a ers have sponsored to support our ac- Army enough so that it remains an all- time, and he has acted in his capacity tions, notwithstanding some of their volunteer army in the concept origi- as Commander in Chief. Were we in his own reservations, so that our troops nated under the Nixon administration. shoes we well might have taken 100 dif- carrying our flag will know that they They must be paid with some parity to ferent courses of action in the Senate, have our backing when they are placed civilian jobs so we get and keep the and perhaps as many as 435 different in harm’s way. very best. courses of action in the House. Indeed, With that, Mr. President, I thank the All of this is said by this Senator to I have long urged more assertive action Chair. I yield the floor. suggest that I want a very strong by the United States for several years. Mr. DOMENICI addressed the Chair. American military. I am proud of the But, Mr. President, it is the Presi- The PRESIDING OFFICER. The Sen- fact that when we send our military to dent of the United States who is ulti- ator from New Mexico. get involved in the world, they do their mately responsible for this decision, Mr. DOMENICI. Mr. President, how job. As far as our soldiers are con- and the American people and ulti- much time has been reserved for the cerned they always come out of it, with mately history will hold him account- Senator from New Mexico? few exceptions, as being good people, if able. His choice to deploy troops to The PRESIDING OFFICER. There you can do that and have war. We are Bosnia may not be popular with the are no time limits. a good nation and we have good mo- American people. But you cannot lead Mr. DOMENICI. I will try to finish in tives, and, with few exceptions, that is by following the polls, and for this I 8 minutes. Would you notify me when I how we behave. commend his courage. have used 7? But, Mr. President and fellow Sen- The President has made a choice in Mr. President, fellow Senators, first ators, in spite of these inherent powers, favor of leadership over isolation—in of all, I think everybody knows of my we are each elected as a Senator from favor of standing shoulder to shoulder great support for Senator DOLE. I am, our State. American men and women with our allies instead of abandoning for the most part, at his side in all the are going to be assigned to a foreign them, in favor of morality rather than battles that are fought in the Senate. I country in large numbers—20,000, allowing the crimes against humanity cherish that relationship very, very maybe 25,000—to accomplish a mission, and I believe paramount to all of these to continue. I applaud his choice to much. I am also fully cognizant, at various powers is my right as a Sen- grapple with these problems and to least as cognizant I can be, of the Com- ator to express myself either in favor seek a comprehensive solution. He de- mander in Chief concept that is dis- cussed here so eloquently by many who of it or opposed to it. serves enormous credit for taking on I am opposed to the involvement of know more about it than I and by peo- this cause of peace and freedom that is the 20,000 American troops with 40,000 ple like the distinguished Senator from so ingrained in our American way of from other countries, mostly the coun- Virginia, who understands it from the life. tries that were formerly NATO. Now battlefield. I happen to have a very high level of we have expanded NATO’s role and we Mr. President, I have heard other confidence in our troops who are the have a few countries involved that Senators talk about the derivation of best led, best trained, and most power- were not part of NATO. I believe it is that constitutional power of the Com- ful fighting force that the world has my right to say I do not think this is mander in Chief. I heard one of the elo- ever known. When they have success- the right thing to do. fully completed their limited mission quent Senators last night, Senator Now, nobody should doubt that this in Europe, there is clearly going to be COHEN, describe it in a way that I will view is going to lose and that the more to do with respect to a residual repeat very briefly. Between the Con- American troops are going to go there, force. And, in that respect, I believe gress and the President, the exercise of and nobody should doubt that once that Europe will step up to its respon- this constitutional power is somewhat they are there they will find this Sen- sibility at the appropriate time. like a race—whomever gets there first ator agreeing to pay to keep them In the same context, Mr. President, I has this power. If Congress, 6 months there and keep them the very best. would like to salute our majority lead- ago, would have enacted an appropria- When our generals say you need money er, BOB DOLE, and Senator JOHN tions bill prohibiting United States in- to make sure they are as safe as pos- MCCAIN in particular, who have risen volvement in Bosnia and prohibiting sible, I will be right here among the above whatever partisan gain might the expenditure of funds for that pur- first and the clearest saying I am for have accrued to them by taking a dif- pose, then it would be illegal to spend it. ferent course of action, to join the these funds. There would be no con- I am expressing myself, fortunately, President in leading the country to stitutional issue because the Com- before the troops are there. There is a support our troops—just as I was mander in Chief would have no author- small contingency there. And let me pleased to help lead the effort and sup- ity to spend any money. even say that my remarks might not port our troops, and support President The power of the purse strings and of even be addressed at them because that Bush when he asked for our help in the using the taxpayers’ money to pay for is a small contingency. They are there, gulf war. events, whether they are here or over- and I do not want to see anything hap- Mr. President, I believe the President seas, is that of the Congress. If the pen to them. But this issue I am ad- of the United States has made a strong President decides to involve our troops dressing is— should we put 20,000 Amer- case for U.S. leadership. Absent Amer- in an issue such as this, in a commit- icans there to maintain the peace? ican participation peace will fail in the ment such as this, and the troops are Frankly, I think it is a mistake almost Balkans, and ongoing war will have deployed before congressional action, any way that I look at it. We are pow- continued to threaten our national se- then it is said that we must support erful, and if we go there, people will curity interests. this decision because he had the inher- think we are powerful. If we go there, Mr. President, I believe our security ent power as Commander in Chief. Europe will think it is great. They will depends on joining with our allies in Now, I do not want any misunder- say, America is leading again. times like this, and I urge my col- standing as far as this Senator is con- But the question is, leading what? leagues to do what I believe in this cerned. There is no one in the Senate What are we trying to do? And is there S 18492 CONGRESSIONAL RECORD — SENATE December 13, 1995 a real, bona fide probability that what So I close today very simply by say- Chief, as we have many times in the we are trying to do will not work? I ing I would not send any more people past and we will again, and we can de- happen to know less than most around in, and I am voting for the resolution bate congressional responsibility to de- here about what went on in that coun- that says we do not approve of this. It clare war, but we all know that Con- try for the last 600 years. But I do is with reluctance that I will vote gress has neither the ways nor the know something. I do know that the against the Dole resolution when it means to prevent this deployment un- only times these people have lived to- comes up because I do not think it is less we cut off the funds. We know gether in peace and harmony in mod- the right thing to do. that. It has already been decided by the ern times were two events in history: I hope I have explained myself that I Senate today that we are not going to One, when the Germans occupied it. am not trying to pass judgment on cut off the funds. We know that. Clearly we do not intend to keep the these constitutional powers, be they Fifth, we know that the Defense ap- peace among these people who do not inherent or otherwise. I am talking propriations bill has passed, been seem to want to have peace among very, very simply about what I per- signed, and the President, like his themselves with an occupancy like Hit- ceive to be my right and my respon- predecessors of both parties, will fi- ler’s. I hope we do not, and we are as- sibility. I express it as best I can here nance the operation out of operation sured we do not. on the floor. And that is the way I feel. and maintenance funds and then seek The other peaceful time in modern For those who have led this cause, with reimbursement of these funds next history was the reign of the dictator far more effort than I, I thank them for year in a supplemental appropriation. Tito. The Communists’ most pervasive it. And I thank the junior Senator from Sixth, we know that if Congress cuts way of keeping peace and harmony is Oklahoma for his leadership. off the funds at this point, it would re- block by block behavior that must be I do believe we are going to be there quire a majority in both Houses to pass consistent with the state or something for quite awhile and spend a lot of and two-thirds vote in both the Senate happens to you, right? That is a simple money. I pray that is all we spend and House to override a certain veto. way of saying you behave or we kill there, and we do not spend any lives The Senate rejected this cutoff of funds you. This was maybe not like the Nazi there. I truly believe it is possible that decisively today when we voted on the occupation, but that also maintained we will lose a lot of lives. But I am not first resolution because I believe the the peace. standing up here saying I am fright- Senators concluded this would have an We are not going to do that. There is adverse effect on our own military no one around suggesting that anyone ened singularly of that. I just do not think we ought to do this. I do not forces, an adverse effect on our allies, is going to do that. And so we have an adverse effect on our leadership in three new countries born of new bound- think it is the right mission for us. And since I feel that way, neither our NATO and the world, as well as an ad- aries and we are going to ask of that verse effect on the parties on the leadership, the leadership of those tanks nor our resources nor our men and women should be there trying to ground in Bosnia. countries, what I perceive to be impos- The President has decided on deploy- accomplish this job. I yield the floor. sible. We are going to ask them to do a ment. The NATO alliance has decided Mr. NUNN addressed the Chair. ‘‘Mission Impossible’’—disarm those on deployment. The United States The PRESIDING OFFICER. The Sen- who would cause harm with weapons. forces are on the way to Bosnia. What How are they going to do that? I do not ator from Georgia. Mr. NUNN. Mr. President, today or then is the congressional role in this believe they are strong enough, and I important national security decision? tomorrow the Senate will be voting on do not believe they will get it done. Mr. President, I would like to talk at the President’s decision to deploy Unit- There will be plenty of guns around for length today about some of the con- rebels who want to kill each other, who ed States military forces as part of a stitutional challenges we have in terms are angry because they do not belong NATO peace enforcement mission in of determining the role of Congress in in that country or their houses are oc- Bosnia. the post-cold war era. I will return to cupied by people they do not want. There are many different views of that subject shortly. We are also asked to be part of mak- how we got to this point. You have my But today we must face a world of re- ing sure that these countries get a bal- own views on that. I will discuss them ality. The cards have been dealt. The ance of military power amongst them- at another time. I have already dis- administration’s actions—starting selves. I am not even so sure that will cussed them in the past on numerous with the President’s commitment al- work. We have been talking about it occasions. most 3 years ago—and that was a pub- for a long time, but I am wondering But it is my hope that the Senate lic and international commitment that even if a military balance is reached will now be able to concentrate its United States forces would participate then pull our troops out, that Bosnia focus on the choices that are now be- in a NATO force to implement a could be an even bigger tinderbox and fore us. There are few things about the Bosnian peace agreement—have put more war with more killing. So my current situation that we know; a few Congress in a situation in which a own feeling is we are sending our things that we believe based on reason- great deal is at stake, including United troops to do something that will not able judgments but not certainty; and States reliability and leadership, but work, to exhibit our leadership in a sit- many unknowns that are subject only also including the peace agreement it- uation that we ought not be leading or to reasonable speculation at this point, self, the ending of the tragedy in even supporting. even if it is reasonable speculation. Bosnia, as well as the future of NATO Now, obviously, it is easy to get up The things that we know are what I as an alliance. on the floor of the Senate and talk will try to deal with in a short and We also know that a cut off of funds about how great America is, and how brief set of remarks today. will not become law, but passage of wonderful our military men and women First of all, we know that President this type of legislation—followed by a are. We can almost envision in our Clinton has decided to commit United veto and a vote to override, if the mind’s eye the great, beautiful sight States military forces to this mission House passes it or we pass it today— when they arrive and show up with all in Bosnia. would put our military forces in limbo of our new tanks and all of the Amer- Second, we know that NATO has de- in the middle of their deployment— ican flags. It is going to be a great cided to commit the NATO alliance to when they are most vulnerable. To me scene. And believe you me, I am going this peace enforcement mission. And this is unthinkable and unacceptable. to feel very proud, because it is a fan- we know that all NATO nations that We also know that the effect of such tastic—a fantastic—accomplishment of have military forces are participating. action would erode the value of U.S. the people of the United States who Third, we know that several hundred commitments around the world and regularly have been paying taxes. Let American troops are now on the ground would increase the danger to U.S. mili- me mention right now, they are paying in Bosnia; and several thousand troops tary personnel in harm’s way that are about $270 billion for the defense of our will be on the ground in Bosnia in the stationed in dangerous places around country, so that we can have men and next few weeks. the world. women like these that we are sending Fourth, we can debate the constitu- That danger certainly would be an there. tional power of the Commander in increase to our military forces whether December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18493 in the Korean Peninsula or in Europe men and Marines wherever they may be (and This is where we are today. And this is or in the Middle East because the to all others as well) that our country is giv- the kind of consideration that the Sen- greatest thing they have behind them ing them its full backing in the accomplish- ate must take into account today. We ment of their assigned mission. We believe it will have plenty of time to debate how is United States credibility and the is time to close ranks, support our troops in credibility of our own word. the field, and concentrate on helping them we got to this point. But today I think The bottom line—Mr. President—if do their job in the best possible way. we first and foremost need to consider today Congress found a way to prevent And then the letter is signed by these the effect of what we do on not only the President from going forward with generals. the military forces themselves that are his commitment, the damage to Amer- Mr. President, I ask unanimous con- in the process of deploying, but on ica and the increased danger to our sent that the letter be printed in the their families and on their mission. troops in the world is certain. There is RECORD. Mr. President, I urge the Senate really no doubt about that. There being no objection, the letter today to support—or tomorrow, when- If we do give the President the green was ordered to be printed in the ever we vote—the Dole-McCain resolu- light and permit the mission to go for- RECORD, as follows: tion. This resolution has been the sub- ward in a carefully prescribed manner, December 13, 1995. ject of intense and constructive nego- the risks are considerable but there is As American military forces are being pre- tiations on a bipartisan basis with a at least a chance of success if that pared for commitment in Bosnia, we believe Democratic working group headed by term is narrowly and carefully defined. it is essential that they go with a clear un- Senator DASCHLE, Senator PELL and I will not dwell on the definition of derstanding that they are supported by their myself. success in these remarks today. But be- county—that is, by the whole American peo- The Dole-McCain resolution, as now fore the week is out I do want to give ple—in their difficult and dangerous assign- worded, has a key paragraph which I ment. believe conveys the kind of support our a much more detailed presentation in- Our military forces serving in Bosnia will cluding what I think we should do in be under American command, acting in con- American troops and their families terms of the definition of success, in- cert with military forces from NATO and both need and deserve. I quote that cluding the risk of this operation as other nations that participate in the mili- paragraph because I think it basically well as the opportunities of this oper- tary implementation of the Dayton peace follows almost exactly what these dis- ation. agreement. The mission statement and the tinguished retired military generals Mr. President, my main concern NATO chain of command must make it clear and admirals have said to us in the way that the military forces are not to be drawn today however is the message the Sen- of advice. into mission-creep nation-building but are to Quoting the paragraph in the Dole- ate sends to our military forces who be used for tasks military in nature, and will are about to embark on this NATO not be subjected to attempts at micro-man- McCain resolution: mission to Bosnia. agement from afar, or to ‘‘dual-key’’ aberra- The Congress unequivocally supports the I would like to read into the RECORD tions. men and women of our Armed Forces who are carrying out their mission in support of and place in the RECORD a letter I re- As our leaders consider our country’s in- ceived today. It was dated December 12. volvement in Bosnia, we encourage them to peace in Bosnia and Herzegovina with profes- sional excellence, dedicated patriotism and It is signed by Michael S. Davison, send a message to our Soldiers, Sailors, Air- men and Marines wherever they may be (and exemplary bravery and believes that they General, U.S. Army, retired—many will to all others as well) that our country is giv- must be given all necessary resources and remember General Davison for his serv- ing them its full backing in the accomplish- support to carry out their mission and en- ice to our Nation—Andrew J. ment of their assigned mission. We believe it sure their security. Goodpaster, General, U.S. Army, re- is time to close ranks, support our troops in Mr. President, that is the heart of tired, who also served as the Supreme the field, and concentrate on helping them what we are going to be voting on. I Allied Commander in Europe as well as do their job in the best possible way. hope that our colleagues on both sides the head of NATO forces, Walter T. MICHAEL S. DAVISON, of the aisle will understand the impor- Kerwin, General, U.S. Army, retired, GENERAL, U.S. ARMY tance of what we are doing, and I hope who had a very distinguished career in (RET.) they will put the military forces first RUSSELL E. DOUGHERTY, the Army, William J. McCaffrey, Lieu- and foremost in their minds. GENERAL, U.S. AIR FORCE tenant General, U.S. Army, retired, Mr. President, before we vote on the (RET.) William Y. Smith, U.S. Air Force, re- JOHN R. GALVIN, GENERAL, Dole-McCain resolution, it is my un- tired, Harry D. Train, Admiral, U.S. U.S. ARMY (RET.) derstanding we will vote on the Navy, retired, and others. ANDREW J. GOODPASTER, Hutchison-Inhofe resolution. I have For those of us who have been here GENERAL, U.S. ARMY great respect for both Senators who very long in the Senate, this is a ster- (RET.) sponsored this resolution. They are on ling list of outstanding military lead- WALTER T. KERWIN, the Armed Services Committee, and ers that have served our Nation with GENERAL, U.S. ARMY they do a sterling job of representing (RET.) distinction. Here is what they say: their States and representing the WILLIAM P. LAWRENCE, DEAR SENATOR NUNN: As American mili- VICE ADMIRAL, U.S. NAVY American people on this committee. tary forces are being prepared for commit- (RET.) But the Hutchison resolution does not ment in Bosnia, we believe it is essential WILLIAM J. MCCAFFREY, provide what our troops need. It does that they go with a clear understanding that LT. GEN., U.S. ARMY not provide a sense that the Senate they are supported by their country—that is, (RET.) backs them and their mission. It tells by the whole American people—in their dif- JACK N. MERRITT, ficult and dangerous assignment. our military forces, in effect—‘‘We GENERAL, U.S. ARMY don’t agree with your mission. What Our military forces serving in Bosnia will (RET.) you’re doing is not important to the be under American command, acting in con- BERNARD W. ROGERS, cert with military forces from NATO and GENERAL, U.S. ARMY United States. It’s not important other nations that participate in the mili- (RET.) enough for you to risk your life.’’ tary implementation of the Dayton peace BRENT SCOWCROFT, LT. These are the people who are going to agreement. The mission statement and the GEN., U.S. AIR FORCE be risking their lives. ‘‘It’s not impor- NATO chain of command must make it clear (RET.) tant enough for you to risk your life that the military forces are not to be drawn GEORGE M. SEIGNIOUS, II, into mission-creep nation-building but are to and neither is the NATO alliance and LT. GEN., U.S. ARMY its mission.’’ be used for tasks military in nature, and will (RET.) not be subjected to attempts at micro-man- ‘‘Enforcing the peace agreement in WILLIAM Y. SMITH, Bosnia’’—and this is my paraphrasing agement from afar, or to ‘‘dual-key’’ aberra- GENERAL, U.S. AIR FORCE tions. (RET.) of the Hutchison-Inhofe message; these Continuing the quote from these dis- HARRY D. TRAIN, ADMIRAL, are not the words. I do not want any- tinguished retired military officials. U.S. NAVY (RET.) one to think I am quoting the words. As our leaders consider our country’s in- Mr. NUNN. Mr. President, I agree This is the effect of those words. ‘‘En- volvement in Bosnia, we encourage them to with every word in this letter. I think forcing the peace agreement in Bosnia send a message to our Soldiers, Sailors, Air- they are absolutely right on target. is not something we agree with.’’ That S 18494 CONGRESSIONAL RECORD — SENATE December 13, 1995 is what we are going to be saying im- concern expressed in that resolution It is based on the fundamental flaw plicitly if we adopt this resolution. about how we got to this point, there is that assumes that congressional inac- Certainly we will be saying it if we no doubt that the Dole-McCain resolu- tion can require the Commander in adopt this resolution and do not pass tion fully supports the American mili- Chief to withdraw forces from abroad. the Dole-McCain resolution. We are tary forces and fully supports the mis- Congressional inaction will never, ever also saying implicitly the President is sion that they are going to be under- force a Commander in Chief to with- totally on his own without the backing taking. draw forces. The only way we can do of the Congress and the American peo- I want to read again the paragraph in that is by cutting off funds, and we ple. the Dole-McCain resolution that makes need to recognize this. We go forward and say in the this abundantly clear, and I hope Sen- No President will or should allow Hutchison-Inhofe resolution—again, in ators will concentrate on the difference U.S. forces to be withdrawn from a effect, these are my words—‘‘We will between this language and what is in military mission because of simple pay you, we will equip you and we will the Hutchison–Inhofe language. congressional inaction. I think, Mr. wish you well. We don’t agree with the The language in the Dole-McCain res- President, it is time to repeal the War mission, we don’t think it’s important olution says: Powers Act and replace it with legisla- enough for you to risk your life, but we The Congress unequivocally supports the tion that is realistic and workable. We are going to equip you, support you and men and women of our Armed Forces who must find a way to create regular, full, wish you well.’’ are carrying out their missions in support of and comprehensive consultation be- Now, how are our military men and peace in Bosnia and Herzegovina with profes- tween the President and the Congress sional excellence, dedicated patriotism and before the President makes concrete women and their families going to feel exemplary bravery, and believes they must about undertaking this kind of mission be given all necessary resources and support commitments and before U.S. troops where, indeed, many of them will be to carry out their missions and ensure their are committed to harm’s way. risking their lives? I hope not many security. We do not have that mechanism now. will end up being injured or killed. I Mr. President, in closing, I urge the We do not have the consultation taking hope none. But nevertheless, there is a passage of the Dole-McCain resolution place in a timely fashion, and that has very serious risk here. We know that. so that our military forces and their been true both in Republican and in How are they going to feel if we send families will understand not only that Democratic administrations. So I hope out of this we will begin them off on this undertaking with this we in Congress support them, but that looking at the War Powers Act and message from the U.S. Senate? the mission they are undertaking and begin to make changes to correct it. Mr. President, I understand the the risks they will bear are important temptation of my colleagues to vote I see that the Senator from Delaware to America. is on the floor. He and I and Senator for the HUTCHISON–Inhofe resolution. It I know there are others waiting to BYRD, as well as Senator WARNER and gives Senators the ability to say we speak, and I am not going to go into several other Republicans, several were against this mission from the be- great detail, but I do want to say, just years ago sponsored a revision of the ginning but we support our troops. This in summarizing my prepared remarks, War Powers Act. I hope our colleagues resolution, which will be voted on which I will not give today but will will begin to think along those lines today or tomorrow, may be what some give at a later point in this debate or because it is leading us down the prim- Senators need, but it is not what our thereafter, that the Congress of the rose path of having a law on the books troops need at this juncture. United States needs to take a fun- that supposedly involves Congress in It is entirely possible—I hope it does damental look at the role we are play- these decisions when, by the time Con- not happen—but it is entirely possible ing or not playing in terms of these na- gress gets involved, the international the Hutchison-Inhofe resolution could tional security decisions. be agreed to and the Dole-McCain reso- Congress must understand—if we do commitment has already been made lution could fail. If this occurs, then not at this point, we must begin to, and and the choices are regrettably lim- our American military will have the I have understood it for a number of ited. worst of both worlds. We will be say- I yield the floor. years—the War Powers Act does not Mr. ASHCROFT addressed the Chair. ing, ‘‘Full speed ahead on a risky mis- work. The longer this outmoded and The PRESIDING OFFICER. The Sen- sion that we don’t agree with, don’t ap- unworkable legislation remains on the ator from Missouri is recognized. prove of’’—and that is what we are books, the longer we will continue the Mr. ASHCROFT. Mr. President, I ap- going to be saying—‘‘Full speed ahead illusion that Congress is playing a preciate the debate that has been un- on a risky mission with the clear meaningful role in the commitment of dertaken here in the U.S. Senate and knowledge the mission is denounced at U.S. military forces to these types of the remarks of individuals who are sin- the outset by the U.S. Senate.’’ missions. cere on both sides of this question. I do I urge my colleagues to vote against President Clinton will be viewed by think, however, that in characterizing the Hutchison–Inhofe resolution, and I most in Congress as assuming the full the resolutions upon which we will be urge them to vote for the Dole-McCain responsibility for the fate of the United voting, it is important to understand resolution. States military mission in Bosnia. the wording of the resolutions and to I urge all of those who at this stage That is because this commitment by take them for their face value. are thinking about voting for the President Clinton was made in 1993 The distinguished senior Senator Hutchison resolution to think very without consultation with the Con- from Georgia has sought to character- carefully. It is essential for the morale gress or the congressional leadership. ize the resolution of Senators of our military forces that we send the There is a similarity between this HUTCHISON and INHOFE as being one clear message of the Dole-McCain reso- and the Persian Gulf where the Presi- which would not signal to the troops lution which says, in effect, ‘‘We may dent of the United States, President that we really support them. I would not agree with the President or how we Bush then, committed the United like to read section 2, which is entitled got to this point, but we believe the States internationally without an ap- ‘‘Expressing Support for United States commitment of U.S. military forces to proval of Congress. That is the parallel. Military Personnel Who Are De- Bosnia is important; it is important to We are going to face this situation over ployed.’’ The wording is simple, prevent the spread of the conflict, to and over and over again, where Presi- straightforward, and unmistakably maintain United States leadership in dents commit internationally before clear: NATO, to stop the tragic loss of life, to they get approval at home. The Congress strongly supports the United fulfill American commitments and to We have to address this. I think it is States military personnel who may be or- preserve United States credibility.’’ in our court. I think it is Congress’ re- dered by the President to implement the There is a different message, a fun- sponsibility to make the correction. An general framework agreement for peace in damentally different message that will awful lot of this comes from the illu- Bosnia/Herzegovina and its associated an- go forward if we adopt the Hutchison– sion that the War Powers Act may nexes. Inhofe resolution. If we pass the Dole- some day miraculously work. It has It seems to me that that is a very McCain resolution, in spite of the clear never worked. It is not going to work. clear and generous statement. It is an December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18495 honest statement by the U.S. Senate, Fifth, we really need to gain the sup- question is that U.S. ground troops which allows that even if we disagree port of the American people for the must be deployed in order to vindicate with the President—and many of us policy initiatives and the military ob- the President because in a speech 2 do—when such a deployment is made, jectives in any deployment. years ago, he made a promise to send in the words of the resolution, we will What we determine to be our vital in- troops. Retreating from that promise strongly support the military person- terests is dynamic. A geographical re- would somehow signal a failure in his nel who are ordered by the President to gion that might be vital to our inter- leadership. Well, very frankly, we implement the particular mission ests at one time may not be at another should not put American lives on the which has been designated. In this time. Technology might change. Broad- line just to rescue an outdated Presi- case, it is to implement the general ly defined, ‘‘vital’’ U.S. interests are dential promise. framework for peace in Bosnia and defined as being those interests that Following the gulf war, world percep- Herzegovina and the associated an- have a direct political and economic ef- tion of our resolve—of our determina- nexes. fect on the Nation. They ought to have tion to get things done—was clear, the Today, Mr. President, the United an interest about our capacity to sur- United States meant what it said and States again finds itself faced with the vive and succeed as a nation. Threats acted accordingly. Since that time, conflicting demands of a confused and to strategic assets, to shipping lanes, world perception has taken a dramatic chaotic world. Today’s debate carries to our strategic allies, and threats to turn for the worse. Our foreign policy the name of ‘‘Bosnia,’’ but it is a de- our traditional sphere of influence, objectives have been unclear, and our bate that this Congress has faced nu- similarly represent ‘‘clear and present resolve has been uncertain. Before we merous times before—it is just the danger’’ to the United States. Less deploy U.S. troops anywhere in the name that has changed. clear is the nature of humanitarian in- world we must determine whether our At stake and at question are the spe- terest, and how and when such inter- vital national interests must be at cific terms, conditions, and reasons for ests are considered vital U.S. national stake. deploying U.S. troops, and the nature interests. I am confused about the explanations of U.S. foreign policy generally. These Despite the protestations of members by the administration which allege are not small or trivial matters—not of the Clinton administration, it is this that this indeed involves a set of vital final category that I believe we are for the President or for those of us here interests because when you ask the ad- dealing here. In the course of the past in the Congress, not for the military, ministration about the deployment, few weeks, I have had the opportunity and certainly not for the families of they say that the deployment will be to hear from a number of the archi- America’s service men and women, who for 1 year. The achievement is not of a tects of the Dayton accord—Secretary are preparing for deployment in vital interest. The achievement here is of State, Warren Christopher; Sec- Bosnia. a time of duration. If these interests retary of Defense, William Perry; Like all Americans, I want to see an are so vital, if they are critical to the Chairman of the Joint Chiefs of Staff, end to the killing and cruelty that success and survival of this country in General John Shalikashvili, and chief have come to define the daily existence the next century, why is it that they negotiator Richard Holbrooke. Their of millions of people in Bosnia. The are only critical for a year, and we will explanations of why we should be in- atrocities committed by all parties are leave whether or not we will achieve volved, in my judgment, lacked credi- so heinous as to offend all of our con- them in a span of a year? bility. Their rationale has never in- sciences and to fire within us justifi- The idea this is a deployment for a cluded a valid explanation of how vital able outrage. That these horrors come term of days rather than for the U.S. national security interests are at achievement of vital and specific inter- to an end is not a point of debate; that stake in the Balkans at the close of ests is an idea which shakes and the United States has a special respon- this century. sibility in the world, as the only super- On the one hand, they have said that threatens the very foundation of the power, is likewise not a matter of gen- we have a risk of an expanded full-scale allegation that there are vital interests uine debate. Balkan war that could domino its way here. I guess there is the question But today’s debate is much more nar- all across Europe. Such assertions fly about whether the United States rowly focused—it is a debate about a in the face of fact. Secretary Chris- should be a world policeman that im- so-called peace plan—brokered by the topher has stated that a major reason poses her morality on the world. The United States, agreed to by the war- the peace agreement was reached is United States is the world’s only super- ring parties, signed in Dayton—and that the warring parties are suffering power, and that role carries with it re- whether that plan warrants the in- from battle fatigue. This is an internal sponsibilities no other nation has. volvement and possible deaths of U.S. conflict that has raged for years, stem- These responsibilities include the re- ground troops in the Balkans. I believe ming from differences which have di- sponsibility to use our forces judi- that until the Clinton administration vided people for centuries. If the fight- ciously. We should not decide to deploy can clearly and convincingly answer ing factions are war weary, then what U.S. troops simply because we can. We why, how, and under what conditions evidence is there to suggest that the should not exercise military prowess to we ought to be involved, I cannot sup- potential for the war to spread is immi- conquer a mountainous civil war mere- port the President’s decision to deploy nent or greater now than it has been in ly because it is there. We should not be American soldiers to enforce the peace the past? a 9–1–1 on call to respond to every agreement. We have seen some 30 cease-fire in world dispute or civil disturbance. We In any deployment of U.S. ground this region before, which begs the ques- must recognize that it is possible to troops, I believe that we must meet at tion, is this the cease-fire of the cen- squander our power and our resources least a five-part test. I will state the tury or a cease-fire of the season, with by misusing them. parts of that test again today, just as I another long winter’s nap? While the Mr. President, according to the ad- have consistently over the course of threat of another massive European ministration, we have an expiration the last year. war makes for good headlines, baseless date but we have no achievement strat- First, I think we have to identify the threats make for lousy public policy. egy. Why deploy ground troops in the vital U.S. national interests. It has to The President has argued that our first place if we are going to pull them be a security interest. It has to be an continued leadership in NATO is at out whether or not anything is accom- interest which is important to the con- stake here. He believes that it is a vital plished? tinuing existence of this country. U.S. interest to prove ourselves over- There is a related issue about this Second, we need to outline clear U.S. seas. U.S. perception and leadership agreement that troubles me. It has to military and policy objectives. overseas are clearly vital. The question do with the assignment of our soldiers Third, we need to construct a time- that no one has answered, however, is that they are being asked to under- table and strategy for achieving those how the deployment of U.S. ground take. There are some components of objectives. troops will help. the Dayton accord which really elevate Fourth, we need to develop an appro- The only response I have been given values in which we do not believe. We priate exit strategy; and, that comes close to answering this should ask ourselves, under the Dayton S 18496 CONGRESSIONAL RECORD — SENATE December 13, 1995 accord, will we be going abroad with But that Hutchinson resolution, co- I—and I do not say this to speak to our troops to enforce things and values sponsored by a number of other Sen- what I did or did not do, but to mark it which are not things that we are will- ators, including the leadership of the historically—I, after Senator MOY- ing to support or that we respect at junior Senator from Oklahoma, Sen- NIHAN, was one of the few people who home? As a matter of fact, are we ator INHOFE, also provides an oppor- went to Sarajevo, went to near going there to support or reinforce tunity for Members of this Senate to Srebrenica, went to Tuzla, went to Bel- things which we abhor at home? Would express their disagreement with the de- grade, went to Zagreb, met with we be going there to enforce a type of cision of the President to deploy Karadzic, met with Milosevic, met with ethnic de facto segregation that we are ground troops in Bosnia. I believe that UNPROFOR, met with the Croatian fighting against at home? Is it possible is the appropriate position for this Sen- leadership, came back and wrote a re- that we are deploying America’s sol- ate to take. I urge other Senators to do port, and was debriefed by the Sec- diers to fight for values of ethnic isola- so. I yield the floor. retary of State and the President. The tion that run contrary to America’s The PRESIDING OFFICER (Mr. report called for lifting the arms em- values? Are we asking our troops to de- ABRAHAM). The Chair notes the list I bargo and using air power to strike at fend territorial lines among ethnic fac- had indicated Senator BIDEN had spo- the Serbian genocidal undertakings. tions which were gained through offen- ken before Senator ASHCROFT, so the Back then, I—and I was not the only sive atrocities? Are we validating eth- Senator from Wisconsin would be in one in the world community—I came nic segregation of the parties to pro- order. back and pointed out that this was mote peace, when our Nation painfully Mr. KOHL. I yield my position to raw, unadulterated genocide. The Serbs learned that it is only ‘‘united we Senator BIDEN, and I will speak after had set up rape camps, a policy explic- stand, divided we fall.’’ Senator INHOFE, if that pleases the itly designed to take Moslem women, For generations we pursued an inter- Chair. primarily, into camps, rape them, have national strategy of promoting demo- Mr. CHAFEE. Senator INHOFE and I them carry the children to term, in cratic values. I think we have to ask have switched off, so I am taking the order to intimidate and pollute the ourselves, is that what we are doing place of Senator INHOFE. I will follow Moslem people in Bosnia. Everyone here? There are a lot of nuances and Senator BIDEN. said that was not going on; this was uncertainties about foreign policies. Mr. KOHL. I ask unanimous consent, not 1937 or 1938 or 1940. But now, no one This is not one of them. We fight if I yield to Senator BIDEN, that I may questions it occurred. abroad for our interests and our values. speak after Senator CHAFEE. I remember coming back—after going We must not agree to work for some- The PRESIDING OFFICER. Without up through Mount Igman and over the thing that is both not in our vital na- objection, it is so ordered. mountains into a place called Kiseljak tional interests, but contrary to our Mr. KOHL. I yield to Senator BIDEN. and going through villages—and say- values. Mr. BIDEN. Mr. President, I think a ing, ‘‘There are graves.’’ You could ride Let me just say in conclusion that I little bit of immediate past history is through a village in the mountains and believe that we must make sure that important for us to recall here. see three or four homes in a row, the deployment of our troops is not With regard to whether or not this pristinely kept, window boxes with merely the appetizer and that the main policy that has been pursued in this ad- flowers. The next home, a hole in the course becomes massive foreign aid ministration relative to Bosnia and ground. The next home, perfectly kept. that is felt as an obligation of this Herzegovina was a sound policy or not, After that, two holes in the ground or country and Congress as a result of it is the same policy that was pursued a chimney sticking up. And graves at having had the deployment of our by the Bush administration. The Bush the end of the town road. troops on the soil of a foreign nation. administration set a policy in motion I was told by our own people as well All too frequently, we feel that we that said we would support an arms as the French, God bless them, and the must follow our troops after a deploy- embargo against the Bosnian Govern- Brits, that these folks are all the same. ment has been concluded, with an out- ment, as well as others, and that we They are all bad guys. They are all like break of nation building and infra- would not use air power to relieve the this. They have all been doing this for structure construction and resources genocidal actions of the Serbs. all of the last 4 centuries—which is his- which are beyond the ability of our cul- To my great disappointment, al- torically inaccurate and was inac- ture to afford for ourselves—certainly though there were faint efforts to curate in terms of what was taking not within our capacity to provide for change that policy by attempting to place at the time. everyone around the world. convince our allies to lift the embargo, I remember when we watched on tele- There is a substantial expense in this the truth of the matter was this ad- vision—the Senator from Arizona and I whole operation that is going to take ministration did not change the posi- spoke to it on the floor that night— $2 billion out of our defense budget this tion. when they overran Srebrenica. You year, and there will be requests for ad- Some of us, as long ago as the last 4 could actually see U.N. soldiers sitting ditional money to support this deploy- months of the Bush administration, ar- there with their blue helmets and hats ment. Frankly, it will hurt—it will gued loudly, if not persuasively, that on top of tanks, watching the Serb con- hurt our ability to provide defense in the Bush policy was an incorrect pol- querors take the women and children other areas. icy. We argued that we should lift the and send them in one direction and I am convinced that we have to be arms embargo. In addition to that, we take the able-bodied men and send careful not to weaken our ability to de- argued that we should supply weapons them in the other direction—for exter- fend strategic vital national interests to the Bosnian Government which at mination. This was not because they where they occur around the world by that time was a multiethnic govern- wanted segregated prison cells. They deploying our troops in areas which do ment made up of a council of Presi- took them to the woods, they dug not have clear objectives, where there dents, roughly divided in thirds among holes, they shot them, they dropped are no strategic vital national inter- Moslems, Croats, and Serbs within them in the holes, they poured lye on ests, or where those interests are not Bosnia, and a Bosnian Army made up their bodies and bulldozed the dirt over clearly outlined and where our com- of Bosnian Serbs, Bosnian Croats, and them. mitment is not for the achievement of Bosnian Moslems. We even passed the We were told no, that is not happen- a specific objective but it is for a term so-called Biden amendment through ing. of days. both Houses of the United States Con- Now we have satellite imaging that Mr. President, I intend to vote in gress that authorized the President of uncovers this—surprise. Surprise. ‘‘Oh, favor of the Hutchison resolution be- the United States to seek a lifting of my Lord this is happening.’’ cause I believe that it is appropriate the embargo and to transfer up to $50 The reason I bother to say this, be- for us to indicate to our troops that million worth of weaponry, off the cause I know you all are tired of hear- when they are deployed we will provide shelf, to the Bosnian Government. ing me saying it for the last 3 years, is them with all of the resources nec- That was in the last months of the to make one very important point. essary for their security and success. Bush administration. One, with all due respect, I do not December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18497 think the President has accurately years ago and 40 years ago are now un- more are going to get killed. One of my made. And that is, what is our interest covered again. There are 25 million Republican colleagues, who is very in- in Bosnia? Is there a vital interest? Or, Russians living outside the border of formed on policy, and a Democratic as my friend from Missouri said, ‘‘Does Russia, in the Ukraine, in the Baltic colleague at my conference table asked this action represent our interest and countries, in Kazakhstan. There is war the same thing of Silajdzic. Silajdzic our values?’’ in Armenia, in Georgia, and almost all said something I will never forget as If this does not represent our inter- of it is based on ethnicity. long as I live. ests and our values, then nothing that What is the message we send to the He looked at this Senator, and he has happened since the end of World world if we stand by and we say we will said: ‘‘Senator, at least do me the War II represents our values. How let it continue to happen here in this honor and the privilege of letting me many in this Chamber, like me, have place but it is not in our interest? We choose how to die.’’ gone to Holocaust memorial events and do not fear that it will spread? I am ‘‘Senator, do not send me food to fat- heard the refrain, ‘‘Never again.’’ not here to tell you that, if we do not ten me and my family in the winter Never again? On the same continent, in act, it will spread and cause a war in only to be assured that I will be killed the same proximity, the same death Europe—tomorrow or next year. But I with the full stomach. Give me a weap- camps—it is happening again. And it am here to tell you that within the on. Let me defend myself, and have the happened again. decade, it will cause the spread of war good grace to let me choose how to This time it was not Jews. It was pri- like a cancer, and the collapse of the die.’’ marily Moslems. In 1935 and 1937 and Western alliance. What is so important He then went on to add, ‘‘I am not 1939 and 1941 and 1943, had it been about the Western alliance? NATO for asking for you to send a single Amer- Catholics like me, or Protestants, like NATO’s sake so that we can beat our ican troop. I am not asking for you to many in here, who were being taken to breast? send a single American. I am asking death camps, the world would have What I am about to say is going to you to lift this immoral embargo.’’ That is what should have been done, risen up years earlier. But it was not. cause me great difficulty if I am re- as a student of history of the Balkans— It was Jews. And we all turned a blind elected and come back here as the I suspect that I have read as much as eye, as a world. ranking member or chairman of the almost anybody here, at least I have I respectfully suggest, were it not Foreign Relations Committee. But Eu- tried my best, and I have gone there Moslems this time who were in the rope cannot stay united without the twice and I have spoken with everyone rape camps, were it not Moslems who United States. There is no moral cen- I could. During the last two Balkan were being exterminated as part of this ter in Europe. When in the last two wars, the only time they ended was new phrase ‘‘ethnic cleansing’’, that centuries have the French, or the Brit- when all parties concluded that they the world would have behaved dif- ish, or the Germans, or the Belgiums, could not achieve any more on the ferently. I wonder how many of us ever or the Italians moved in a way to unify ground than they could at the peace thought, as students of World War II or that continent to stand up to this kind table. as participants in World War II, that of genocide? When have they done it? But events have overtaken us. And we would ever serve in the Senate and The only reason anything is happening the event that has overtaken us is hear the phrase, openly used by one now is because the United States of called Dayton. I say to my friends here party in a conflict, ‘‘ethnic cleansing.’’ America finally—finally—is under- in the Senate, the part that I do not Ethnic cleansing. Is that not an anti- standing her role. like about being Senator is when Presi- septic term? So we do have a national interest. dents do not get it right, and we do not And notwithstanding the fact only Our national interest goes well beyond get to make the best choice. We get to the Serbs used the phrase, I kept hear- the genocide that will spread like a choose among bad choices. ing on this floor that, ‘‘They are all the cancer. I will not take the time, be- It is that old thing about the Hob- same. They are all the same.’’ cause others wish to speak, to explain son’s choice. Two bad choices is no There have been atrocities commit- what the rest of it is. But I do in my choice at all. The best choice is to lift ted by Moslems and by Croats. But longer statement which I will put in the embargo, provide air cover, wait they have not set up rape camps. They the RECORD. while it is being done, and let the have not set up death camps. They But there is a second question it Bosnian Government establish itself have not mass murdered as part of a seems to me after first asking what is because Serbia has already lost. coherent plan for people, based upon the national interest of the United Milosevic has no interest in continuing their ethnicity and their religion. That States. Once you establish that there is because he is a pariah in the Western is called genocide—genocide. That is a national interest—and I believe there community. Have the War Crimes Tri- what it is. And now, even in our move is one—then, is the proposed action by bunal go forward and let it be settled. to state what our vital interest is, this the President the one that can meet But we did not do that. administration and others who support that national interest? I respectfully We have one of two choices now: One, it are afraid to use the word. We are suggest this is not the best one. If the we participate with a better than even told we are not taking sides. President and the administration and chance. We provide enough time for the I am here to take sides. Milosevic, the last administration, in my view, Bosnian Government to get the phys- the leader of the Bosnian Serbs, is a had the gumption, they would have ical wherewithal and economic war criminal. He is no better than told our European allies that we are strength to defend themselves, and Himmler. He is no better than Goeb- lifting the arms embargo. then we leave. Two, we do not partici- bels. He is a war criminal. Karadzic is This is not a Vietnamization pro- pate at all, which means nothing hap- a war criminal. gram. The Vietnamese and South Viet- pens because the Europeans have no I might add that the leader of Serbia, nam were not sure where they wanted center on this issue. Nothing will hap- Milosevic, is also a war criminal, al- to be, North or South. That is why it pen except the embargo will be on, the though he is the only one not indicted never worked. genocide will continue, our interest so far. The Bosnians know where they want will be badly damaged, and the cancer So I hear people stand here and say, to be. They want to be free. They will will spread. My son may not go to ‘‘What is our interest? What is our in- fight for themselves, and all they have Bosnia today, but he may be in eastern terest?’’ Our interest is that history re- ever asked for is lifting the arms em- Germany in 8 years. My grandchildren peated itself. bargo. may not be in Bosnia today but they Let me be presumptuous enough to Prime Minister Silajdzic came after will be in Europe fighting a war 15 go on a little more to what I think the my first visit to Bosnia. I had him in years from now. next history lesson will be. The Soviet my office and 12 of my colleagues—very So given the choices, I support this empire has collapsed—the good news. good men and women came, Democrats resolution. I support it because we do The bad news is that all of the ethnic and Republicans. The word was then, if have a vital national interest, and we hatreds, all of the ethnic fighting, all we lift the embargo, it is just going to do have a moral rationale for our en- of the atrocities that occurred 100 make it worse for those poor folks and gagement. S 18498 CONGRESSIONAL RECORD — SENATE December 13, 1995 If we thought we had a moral inter- me, to meet our moral obligation and And yet the choice is not an easy est, a national interest in restoring the our national vital interest. one. Like almost every other decision Emir of Kuwait to the throne—restor- Mr. President, after nearly 4 years of concerning foreign policy that a U.S. ing the Emir of Kuwait to the throne, indifference, half-measures, national Senator has to make, our choice about God bless his soul—to send 500,000 policies of European governments pur- whether to support President Clinton’s troops there, tell me, tell me why we sued in the garb of international peace- decision to deploy 20,000 American do not have a moral interest in stop- keeping, and other sophistries devoid troops to Bosnia as part of the inter- ping what was international aggression of moral content, the western world national peace implementation force by Serbia crossing the Drina River into has finally been moved to put an end to known as I-FoR is a reactive one. a U.N.-recognized country and partici- the murderous fighting that has left The U.S. Congress rarely gets to for- pating in genocide? Bosnia and Herzegovina in ruins. mulate policy. We cannot, and should In Kuwait we had a single example of While the dilly-dallying has gone on, not, write arms control treaties or one young woman who was raped and more than a quarter-million Bosnians other international agreements. Most beaten, which turned out not to be of various ethnic and religious affili- of the time we are asked to react to true, to enrage people about the awful ation have been killed, and an addi- proposed solutions that are far from thing Saddam Hussein was doing. And tional 21⁄2 million persons—over half ideal, perhaps not even the best. But here we have mass graves. I have vis- the total population—have been driven often these solutions, however risky ited with BOB DOLE a hospital in Sara- from their homes. they may be, are nonetheless better jevo. Do you know who was in the hos- But, Mr. President, numbers alone than not acting at all. pital? Seven children. Do you know cannot begin to convey the savagery, That is exactly how I feel about the why there were only seven children? the barbarity, the depravity that has proposed deployment of U.S. troops in Because the Serbs sit in those hills and reigned in this small balkan country. the I-FoR. For more than 3 years, since they have as a campaign of terror, the There have been wars since time im- September 1992, I have been calling for maiming of children. Walk with me memorial, many on a larger scale than lifting the illegal and unjust arms em- through Sarajevo’s streets and see the war in Bosnia. There have been ref- bargo against the Government of ugee flights in other countries that draped across the roads blankets and Bosnia and Herzegovina, the victim of dwarf the Bosnian numbers. sheets. I thought it was a Lower East Serbian aggression, no matter what This century has seen the Jewish our European allies think about such a Side in 1919 of New York. Holocaust, the Armenian Genocide, the I asked why. Do you know why they decision. murderous collectivation of Ukraine, are there? To take over the line of fire Concurrently, I have called for strik- and the killing fields of Cambodia. So, ing from the air at the offending Serbs from Serbian snipers shooting children. Mr. President, I suppose cynics might while the Bosnian Government was We pretended it did not happen. Ask say that we have become hardened to building up its own military strength. BOB DOLE. the unspeakable. Finally, I have advocated making We stood beside a beautiful raven- Yet what has happened in Bosnia and clear to the Government of Serbia that haired child who looked at us as we Herzegovina not only has had compo- it would suffer massive air strikes upon spoke. And the neurosurgeon said, nents of the other horrors the 20th-cen- its territory across the Drina River if ‘‘The reason she is not turning is she tury, it has actually added a diabolical it increased its assistance to the has no sight. He turned her head. The new feature: The unprecedented, cen- Bosnian Serb aggressors. bullet had gone through the back of trally planned campaign of mass rape Moreover, the Biden Amendment, her head, severed the optic nerves, and that the Bosnian Serbs have used as a which I introduced in 1992, and which came out the other side. calculated weapon of terror designed to was successively approved by Congress There were seven children in that demoralize Bosnian Moslem commu- in 1993 and 1994, authorized assistance hospital. Nobody else. It was a planned nities. to Bosnia through a drawdown of up to campaign by Mladic and the Serbs to Mr. President, why was this allowed $50 million of Defense Department terrorize the Moslem community. to happen? To help answer this ques- weapons stocks and other military So let me tell you. If your moral cen- tion, let me offer a piece of counter- equipment. This year’s foreign oper- ter is oil, I understand you. If your factual analysis that I have delivered ations conference report has increased moral center is humanity, there is no before on this Senate floor: this figure to $100 million. As soon as comparing the restoration of the Emir ‘‘What if’’ a Moslem-dominated the President receives and signs the of Kuwait with the ending of genocide Bosnia-Herzegovina had attacked a foreign operations appropriations bill, in Bosnia. peaceful orthodox Christian Serbia, he will be able to use this source any But there is only one exit strategy, I carried out barbaric atrocities against time upon termination of the arms em- say, Mr. President, there is only one. Serbian civilians, and then proudly an- bargo. I hope the President, with all due re- nounced that its policy of ethnic Up until 1 month ago this policy that spect, means it. That we will not be cleansing had been successful—would I proposed remained, I am convinced, able to leave unless—what BOB DOLE, Christian Europe then have sat idly by, the best option open to the United Joe BIDEN, Joe LIEBERMAN, and a whole conjuring up excuse after excuse for States. It would have created the con- bunch of others insist be in this resolu- not halting the cruel and cowardly ag- ditions of military parity in Bosnia and tion—the Bosnian Government is gression? Herzegovina that are essential for armed and prepared to defend itself. Mr. President, I think the answer is maintaining a lasting peace. That is the ticket home for Americans. self-evident. Then came the talks at Wright-Pat- There is a moral reason for this. European Jewry was yesterday’s vic- terson Air Force Base. The peace There is a U.S. interest. It is not the tim. The Bosnian Moslems are today’s. agreement that emerged from those best way to do it, but, as Senators, we If we let the barbarism in Bosnia stand, talks is not perfect—no international only get to choose among the bad ways who knows who will be tomorrow’s? agreement ever is—but we have to deal offered to us. It is worth doing. Now at last, thanks to the belated— with the situation now at hand. In this Christmas season, as I saw off nonetheless, praiseworthy—leadership Let me take this occasion to con- the first group to go to Bosnia from of the United States, we stand on the gratulate Secretary of State Chris- Dover Air Force Base, the only thing I verge of a massive international effort topher and his negotiating team for could think to say is ‘‘thank you; designed to put a stop to the depravity, their tireless efforts that achieved watch where you walk—there are a to try to restore a modicum of normal, what no one else had been able to ac- million landmines—and God bless you. civilized life to that sorry land. complish for 31⁄2 years: a multilateral I am telling you, you are doing some- I fear that the chances for success agreement that offers the only real thing right but you are being put in a are a long-shot. But Mr. President, promise of ending the worst bloodshed position that is not the one you should make no mistake about it: if the Unit- in Europe since World War II. It is a have been put in in order to accomplish ed States does not continue to lead this highly significant achievement, which it.’’ It is a hell of a way to send them effort, the chances for even a sem- brings great credit to the United off, but we have no choice, it seems to blance of peace in Bosnia are zero. States of America. December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18499 Yet Secretary Christopher, Secretary the leader of NATO is on the line. cratic institutions of the Bosnian of Defense Perry, and General Bosnia has revealed strains within central government are not yet func- Shalikashvili would be the first to add NATO that must be addressed, but this tioning? If so, will other international that the Dayton Accords are still only is not the time to exacerbate the ten- units remain for a longer period? a building block for the structure of sions. Moreover, France has just re-en- My own belief is that the I-For mis- peace for the former Yugoslavia, which tered the alliance’s integrated military sion should be limited to creating the remains to be put into place. command, a sign that a successful op- basic conditions for democratic insti- Let me underscore that the involve- eration in Bosnia may bode well for a tution-building to take place. There ment of American ground troops in the stronger NATO in the future. must be no mission creep for our mili- peace enforcement effort—the solution Some of the opponents of our in- tary forces. less preferable than the lift-and-strike volvement have trotted out the cliche Yet if the civilian aspects of the policy I have consistently advocated— that the United States cannot be the agreement do not proceed, then the in no way lessens the necessity of ‘‘world’s policeman.’’ Well, of course American troops and their inter- equipping and training the Bosnian we can’t solve every crisis everywhere. national colleagues will have served in Federation’s army in order to allow it But as President Clinton said in his vain. Hence, a premium must be put on to defend itself when all foreign peace television speech, that obvious fact coordinating the mission of the Amer- implementation forces leave. The bi- does not mean that we cannot help ican military force with the work of partisan resolution specifically men- anywhere. the international civilian agencies pre- tions this point. The slaughter, rape, and destruction paring to implement the electoral, ref- So I would like also to be perfectly in Bosnia and Herzegovina should be an ugee, and humanitarian aspects of the clear that if the administration had affront to the sensibilities of every Dayton accords. not assured that this equipping and American. The I-For mission at the But it may well be unrealistic to ex- training would take place—if not by very least will give the brutalized peo- pect construction of a working democ- uniformed U.S. military personnel, ple of that land a last chance to stop racy in 365 days or less. Therefore, then by contractors—I would not sup- the killing and to re-enter the world plans must be drawn up immediately port the participation of U.S. ground community. for a ‘‘follow-on’’ force to remain in troops in the I-FoR. Third countries For all these reasons, then, our par- Bosnia after the United States troops may, of course, also contribute weap- ticipation in the operation is vital. leave. My strong feeling is that this ons and training to the Federation, but There are, however, serious risks asso- force should be led by our European a failure of Americans to take the lead ciated with sending our troops to NATO allies, augmented by units of in this effort would quite simply be a Bosnia, and it is incumbent upon the European neutrals with experience in prescription for a prolonged involve- administration to explain how we are peacekeeping operations. ment of our ground forces in Bosnia, a planning to minimize them. These Finally, let me repeat once again the policy which the American people will risks include: absolute necessity of creating a bal- not countenance. Millions of lethal mines, which will ance of military strength on the President Clinton’s outstanding tele- probably be hidden by snow for several ground so that when the international vised speech to the Nation went a long months; peacekeepers are withdrawn, the fed- way toward explaining to the American The brutal Balkan winter that makes eration of Bosnia and Herzegovina will people the rationale for, and mission of driving hazardous; not be vulnerable to renewed attack. our troops in the I-FoR. I do not take Irregular forces, foreign extremists, The peace settlement is far from per- issue with any of the President’s argu- and other rogue elements that may fect. There is no guarantee that it will ments. specially target American troops; and be implemented. The involvement of Above all, I would emphasize to those The likelihood that an armed, hostile American ground forces means—al- who wish to restrict America’s involve- Bosnian Serb populace in several loca- though I pray I am wrong—that casual- ment abroad that the choice facing us tions could both harbor attackers and ties and fatalities are likely to occur. is not between a risky foreign mission engage in disruptive activity itself. But, as I have indicated, we live in a and the status quo. If the United States From administration testimony in highly imperfect world. To do nothing does not participate in—or more pre- hearings before the Foreign Relations would be to invite larger problems in cisely, lead—the I-For, I am convinced Committee, I am satisfied that these the future that would require a much that the war will re-ignite, escalate, concerns have been thoroughly ana- riskier and bloodier American involve- probably spread, and open the door for lyzed, and counter measures developed ment. a radical destabilization of southern to the fullest extent possible. If the conditions I have outlined are Europe. And that most assuredly is in Last Friday at 5 o’clock in the morn- met: retention of very robust rules of our vital national interest to prevent. ing, I went to Dover Air Force Base in engagement for our troops; no mission Finally there is the issue of Amer- my State of Delaware to personally say creep for our troops; but close coordi- ican leadership in NATO and in the good-bye to a detachment of our troops nation of the I-For with international larger community of civilized nations. as they embarked for Bosnia. They are civilian efforts in Bosnia; a United I have long criticized some of our Euro- as fine a group of American men and States lead in coordinating arming and pean allies, first for their utilization of women as has ever represented the training the army of the federation of the purposefully hamstrung U.N. Armed Forces of this country. Every Bosnia and Herzegovina; and a finely peacekeeping operation in order not to possible precaution must be taken to drawn set of criteria for mission suc- take the militarily resolute measures lessen the threat to their person as cess. that could have stopped the Serbs in they carry out their duties in Bosnia. Then I believe that President Clin- their tracks in 1991, and second for In this regard, I emphasize that the ro- ton’s policy deserves the support of the their obstinate unwillingness to allow bust rules of engagement for our troops Congress. The President has promised NATO—principally American—air must not be altered under any cir- to meet these conditions. Therefore, I power to cripple the Bosnian Serb war cumstances. will vote for the bipartisan resolution, machine. In larger terms, I believe that the and I urge my colleagues to do the It took the massacre in the Sarajevo criteria for the mission’s success and a same. market at the end of August and the responsible exit strategy must be delin- The PRESIDING OFFICER. The Sen- withdrawal of the hobbled European eated even more clearly than has al- ator from Rhode Island. peacekeepers, for us finally to overrule ready been done. For example, is the Mr. CHAFEE. Mr. President, I sup- our timorous European friends. absence of serious conflict after 1 year port the Dole-McCain resolution which Yet, Mr. President, the President of sufficient progress to warrant a dec- authorizes the participation of U.S. the United States has given his pledge laration of mission accomplished? military forces in what is known as the of American troops; the United States Stated more precisely, will we with- I-For, the NATO implementation force. was the driving force in crafting the draw our ground troops after precisely The purpose of this is to monitor the Dayton accords; and our credibility as 1 year even if the envisioned demo- peace agreement in Bosnia. S 18500 CONGRESSIONAL RECORD — SENATE December 13, 1995 The Dayton peace agreement and members of NATO? Let us forget the Balkans where the three signatories this NATO deployment represents, in whole thing, at least our participation have authorized our intervention. If a my judgment, the only opportunity to in it. It seems to me that helping to United States-led NATO force can help achieve a long-term peace in Bosnia end destabilizing military conflicts in- secure peace in Bosnia, it will make an and with it a more stable Europe. That side the borders of Europe such as enormous contribution to world secu- is a very important point, Mr. Presi- Bosnia represents is the type of respon- rity. dent—a more stable Europe, which is a sibility NATO should undertake in the On the other hand, Mr. President, if matter of profound interest to the post-cold-war world. we abdicate our responsibilities to our United States. May I remind my colleagues that the NATO allies, it will send a clear and I The Senate’s vote on the Dole resolu- implementation force includes many believe very troubling signal that the tion involves the question of what role non-NATO forces—not just the NATO United States has once again retreated the United States should play in Eu- forces, but others—that share our in- into Fortress America. It will show rope and throughout the world as we terest in securing peace in the Balkans. that we are not there when a difficult approach the 21st century. Let us just Those opposing this resolution, the job has to be done. That is not a signal take a brief look into history, if we Dole resolution, also argue that U.S. we can afford to send. So, therefore, I might. It was an assassination in the troops will be at a risk of being drawn urge my colleagues to support the de- Balkans, in Sarajevo itself, that trig- into nonmilitary activities and may ployment of United States troops to gered World War I, a conflict into also suffer needless casualties. Bosnia and to vote for the Dole-McCain which the United States was reluc- To this I say, take a look at the Day- resolution. tantly drawn. Indeed, we stayed out of ton peace agreement. Unlike some re- I further would urge a vote against it for nearly 3 years. cent failures—we have had them in this the Hutchison amendment, which, in At the conclusion of that devastating Nation, particularly if you think of So- my judgment, sends a very confusing war, the United States made a very malia—where United States military message. It says, on the one hand, to conscious decision, and that was to roles were not entirely clear, the our troops, we do not think you should withdraw from any involvement in Eu- Bosnian deployment plan and the ad- be in Bosnia, but nevertheless we sup- ropean security affairs. From 1919 until ministration’s pledges are very specific port you. I do not think that is the 1942, the United States remained aloof about what our troops will and will not kind of message I, for one, would like from Europe, even though World War II do. I am reassured by this part of the to receive if I were risking my life or raged for 21⁄2 years during that period. written statements. on a mission of this nature in Bosnia. Yet, inevitably, we were dragged into In addition to its own self-protection, The message, again, seems to say we that war, the most costly of all wars in the mission of our force is to oversee are for you, but you should not be terms of lives and treasures. and enforce implementation of the there. I do not find that a message of We have now learned that the United military aspects of this peace agree- much comfort or encouragement, in States, the world’s lone superpower ment. Now, what are we talking about? my judgment. and the undisputed leader of the NATO We are talking about cessation of hos- So therefore, Mr. President, I hope alliance, simply cannot withdraw from tilities, withdrawal to agreed lines, that my colleagues would support the European security matters, nor should creation of a zone of separation, return Dole-McCain amendment. we. Our active engagement in Europe of troops and weapons to their encamp- I thank the Chair. for the past 50 years since the end of ments. Civilian authority such as the Mr. KOHL addressed the Chair. World War II has brought enormous United Nations, not our troops, will be The PRESIDING OFFICER. The Sen- benefits to us, to the Europeans, and to responsible for many of the non- ator from Wisconsin. the world at large. Western Europe has military aspects that are envisioned by Mr. KOHL. Thank you, Mr. Presi- enjoyed peace, it has enjoyed freedom, the agreement. dent. it has enjoyed democracy, and it has Now, what are we talking about Mr. President, the question of send- enjoyed economic success ever since there? Overseeing elections, conduct- ing American men and women on a the end of that war. ing humanitarian missions, helping ci- dangerous mission, whether it be to This has largely been due to U.S. vilians move about, acting as local po- fight a war or, as in this case, to leadership in NATO. Our leadership has lice forces. You can be sure that Con- strengthen a fragile peace is always a assisted in bringing about the fall of gress and the American people are difficult one. A healthy debate has communism and the liberation of East- going to be watching carefully. We are been carried on across the Nation, and ern Europe. But despite these suc- going to be monitoring this to see that it is clear that Americans are reluctant cesses, Europe today is not free of war our troops do not engage in any activi- to send U.S. forces in harm’s way. and bloodshed and instability. We need ties for which we are not responsible. While I share that reluctance, my re- to look no further than the war that I do not want to suggest, Mr. Presi- luctance does not stem from a sense of has raged in the Balkans for the past 3 dent, that sending United States mili- isolationism; but rather, I am reluc- years. Others have spoken about it, and tary forces to Bosnia is without risk. tant to commit our troops when the sometimes we forget these statistics: Regrettably, we may well suffer casual- situation on the ground is so tenuous. 250,000 people have lost their lives in ties, as is often the case in military op- I understand that the combatants that conflict, and more than 2 million erations such as in the Balkans. But themselves have asked us to help them people have been displaced or are refu- please remember that the United implement the Dayton accords; how- gees. This war has the potential to spill States and the 25 other nations are ever, I remain skeptical about their over into the rest of Europe. sending a force totaling 60,000 ground commitment to peace. I question The history which I just touched on troops, forgetting those that are in the whether the presence of a large NATO has taught that maintaining a free, air or on the waters. This is an over- force will be enough to overcome the democratic and peaceful Europe is very whelming numerical advantage over daunting challenge of national recon- much in our interests, in our security any group or faction that would chal- struction facing all the Bosnian people. interests, and deployment of the NATO lenge our authority. And, given the deep hatreds that exist force in which the United States pro- I would also point out that unlike there, I wonder how realistic it is for vides one-third—not one-half, not two- former United Nations peacekeeping us to think that once United States thirds, but one-third—of the troops will missions in Bosnia, we will be com- troops leave Bosnia the peace will hold. help ensure the type of Europe we pletely prepared to defend ourselves. At the same time, what are our alter- want: A Europe that is free, that is This is a mission in which if we are natives? I agree that the situation on Democratic, and that is peaceful. shot at, we are going to reply with bul- the ground may have been different if I would ask, Mr. President, those who lets and shells. the President had heeded Congress and oppose this deployment to answer this Mr. President, the rest of the world lifted the arms embargo. However, as question. If we, as part of NATO, can- looks to the United States to be a lead- one of our colleagues pointed out to me not lead an effort to try and end the er in promoting peace and democracy, recently, even if the administration war in Bosnia, then why should we be and this is certainly the case in the had agreed to lift the arms embargo December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18501 and the Bosnian Moslems had been bet- rages on, it poses a serious threat to I have come to believe that it is most ter armed, there still would have been European stability. Just as that possi- unlikely we will become entangled in a the need for a peace accord, and we bility poses a threat to our European full-scale war. We are participating in would still be facing the difficult ques- allies, it also threatens us. a NATO operation to implement a tion of whether to send in United That is why America must assume peace agreement painstakingly nego- States ground forces to guarantee the the mantle of leadership. The future tiated over several weeks. The Dayton peace. stability of Europe is, and always will accords set forth clear military goals After 4 years of anguish over the be, in our national interest. We have for the implementation force. Our atrocities in Bosnia, I believe we have fought two major wars in Europe, and troops have a limited mission—limited a responsibility to try to end this war. in the 50 years since the end of World in the specific tasks designed to We cannot turn our backs on the inno- War II we have committed U.S. troops strengthen the peace and limited in its cent men, women, and children who and resources to the defense of Europe duration. We have made no commit- have lived through the unspeakable and to the leadership of the NATO alli- ment to stay on should the peace fail. atrocities committed by all sides. We ance. Because of our ties to Europe— And, should all out war break out be- cannot turn down a request that is historically and economically—it is in fore the year is up, then we surely will probably the last and best opportunity our interest for NATO to be strong and leave. Contrary to the views of some of to end this harrowing civil war. it is in our interest to continue to lead my colleagues, I believe that Secretary At the same time, we cannot allow NATO. Perry and General Shalikashvili have emotion to sway our decisionmaking That said, do the potential benefits established a clear plan to action and a about sending United States ground of this mission outweigh the costs? clear exit strategy. troops into what until now has been a There are many ambitious—I might In the unlikely event that our troops war zone. We would all like to see an say overly ambitious—goals laid out in become targets, we have learned from end to the bloodshed in Bosnia, and an the Dayton accords: The return of refu- earlier mistakes: Our troops will be end, for that matter, to bloodshed ev- gees, the negotiation of arms control well armed, will be sent to Bosnia in erywhere. But, it is disingenous to say agreements, the prosecution of war sufficient numbers, and will be operat- that we are sending ground troops to criminals, and the reconstruction of ing under the right rules of engage- Bosnia out of a sense of moral respon- civil institutions. I am pessimistic ment, allowing them to defend them- sibility that we must police the entire about the prospects for realizing many selves fully. world. We have already determined of these nation building goals in the To be sure, we can never eliminate that neither do we have the desire nor short term. all the risks. Even under the best of the means to be the world’s policeman. Nonetheless, I believe there is still a circumstances, Bosnia is a dangerous Recognizing we are not the world’s potential benefit to participate in a place. On balance, however, I believe policeman does not mean that there strong peacekeeping force. The omi- that this mission is worthwhile. are no circumstances under which we nous warnings of many opponents of Can we state with certainty that our should send U.S. troops abroad. If we this mission belie the fact that the efforts will pay off, and that the war is are to take advantage of winning the NATO Implementation Force is not over? Unfortunately, it is too early to cold war and retaining our capacity to embarking on a combat mission, nor is tell whether the conditions in Bosnia shape events in this changing era, then it a mission to impose a peace. This is are really ripe for peace. But, that does we must demonstrate leadership and be not Somalia. Furthermore, our troops not mean we should not proceed. If this willing to take risks for peace. The dif- will not be leading the nation building diplomatic effort fails it will be a fail- ficult question is, when should we take efforts. This is not Haiti. This mission ure of the Croatians, the Moslems and these risks? is in response to a direct request by the the Serbs to take advantage of the I have always held that any deter- combatants to help them implement a international commitment to help mination to commit U.S. troops abroad peace agreement that they negotiated. them implement the peace. Only time should meet four criteria: The greatest and most achievable goals will allow us to test their commitment One, there must be a clear and com- of this mission are strictly military to the peace accord. In the meantime, pelling issue of national interest. goals: Separating the forces and creat- we cannot afford to turn our backs on Two, the benefits must outweigh the ing an environment for the continued the most serious diplomatic agreement cost of endangering American soldiers. cessation of hostilities. And 1 year may to date. Three, there must be an established not be enough time to rebuild Bosnia, Mr. President, I am disappointed that plan of action—including plans for but we cannot underestimate the po- the majority leader has been compelled troop withdrawal. tential of a 1-year breathing period to by members of his party to have three And, four, there must be support and lay the groundwork for a more stable separate votes on Bosnia. Either we involvement of the international com- peace down the road. support this policy or we do not. It is munity. How do these benefits measure up too easy to say that the President has Unfortunately, without the stark against the potential costs? There has made his decision, that he has commit- black and white of the cold war to been a strong consensus in the United ted U.S. forces, and then take no re- guide our foreign policy, it is less clear States that sending ground troops at sponsibility for the mission but still when our vital national interests are at an earlier date would have been too vote to support the troops. stake. The world has become a far risky and not worth the cost. Are we In this case, I believe that the Presi- more complicated place, and there is now risking the same entanglement we dent has demonstrated leadership. He much disagreement over whether there so assiduously avoided by sending in has acted in our national interest, and is a vital national interest at stake in ground forces to implement this shaky he has done so cognizant of the risks Bosnia. peace? As peacekeepers, will our troops the men and women of our Armed Some say this is a European problem be a lightening rod for some of the Forces will face. Now that the Bosnian and we should leave it to the Euro- more controversial provisions of the people have taken a step toward peace, peans to solve. Indeed, the Europeans peace agreement many in Bosnia are we have the chance to do something realize that they have more at stake not sure they want? concrete, specific and finite to help here than we do. That is why they are Over the past few weeks, I have ex- bring this bloodshed to an end. And so supplying the majority of the forces plored these and other issues related to I say, let us do it. and why they are providing most of the the risks. I have met with the National Mr. President, I will be voting funding and technical support for the Security Advisor, and yesterday with against the Hutchison resolution and crucial task of rebuilding Bosnia. the Secretary of State, the Secretary in favor of the Dole resolution. Then, why could not this be a Euro- of Defense, the Chairman of the Joint I yield the floor. pean-led mission with American sup- Chiefs of Staff, the Vice President, and Mr. FAIRCLOTH addressed the port? Frankly, the Europeans have with the President himself to express Chair. been indecisive and unable to do this my concerns directly, and to listen to The PRESIDING OFFICER. The Sen- on their own. Yet, if this civil war their responses. ator from North Carolina. S 18502 CONGRESSIONAL RECORD — SENATE December 13, 1995 Mr. FAIRCLOTH. Mr. President, at ministration dallied with the United tary hardware and cut defense spending the outset of my remarks on Bosnia, I Nations. would now lay aside that advantage. want to state for the record my total In the end, the administration failed Now is the time for the U.S. Air Force support for our men and women in uni- to take a leadership role in convincing and the Navy to take the lead in en- form deployed in the Balkans. I know the United Nations to lift the arms em- forcing this peace agreement, which they will serve the Nation with honor bargo which would have allowed the grows less certain by the day. It is sim- and distinction. I commit to them Bosnian Moslems to defend themselves ply a bad policy to put U.S. ground today that I will make every effort to at a much earlier date and might have forces between enemies who have been provide for their safety, to make every alleviated the need for our ground fighting each other for over 600 years, available resource for their defense and forces there at any time. and that is how long this battle has to work hard and look forward to their We brought the warring factions to been going on. One year of American safe return home. the peace table, and we have an inter- troops will not end it. Let me say that I have lived my en- est in seeing that the peace agreement President Clinton stated that our tire life in a small eastern North Caro- is implemented, but we do not—we do troops will fight fire with fire. How- lina town that is surrounded by Fort not—have a vital national security in- ever, this pledge is useless when it is Bragg, Camp Lejeune, Seymour John- terest, which is the only thing which impossible to distinguish between a son Air Force Base, and Cherry Point would justify putting at risk the lives Serb, a Croat, and a Moslem. Marine Base. My whole life, I have lit- of 20,000 American soldiers and ma- Mr. President, it is not impossible to erally been surrounded by people who rines. The President was wrong to identify a vital national security inter- are strongly committed to serving our make this commitment, and Congress est. The invasion of Kuwait and our re- Nation and our Commander in Chief. will be wrong if we endorse it. sponse provides a textbook example of I am confident that the bravery of Some believe that President Clin- how to do it. It should be clear to all our soldiers deployed in Bosnia and ton’s hastily concluded decision on Americans that President Clinton has their respect for their commanding of- ground forces will demand congres- yet to measure up to the standards of ficers will serve as an example and an sional approval in order to preserve Desert Storm. Until he does, I will con- inspiration to all Americans. While I international respect for the Office of tinue my strong support and respect have nothing but praise to offer for our the Presidency. I disagree. Respect for for our troops by opposing the Presi- troops, I come to the floor to voice my the power of the Presidency is pre- dent’s decision to deploy ground troops strong opposition to the President’s de- served and enhanced when the holder of in Bosnia. cision to deploy United States forces in that high office has led the Nation to- I yield the floor. ward a consensus on military interven- Mr. LEVIN addressed the Chair. Bosnia. The PRESIDING OFFICER (Ms. Despite repeated requests by Con- tion before troops are deployed. Bill SNOWE). The Senator from Michigan is gress and the American people, the Clinton has turned Presidential leader- recognized. Clinton administration has yet to show ship on its head. He is trying to build Mr. LEVIN. Madam President, as a a compelling national security interest a national consensus after having com- member of the Armed Services Com- which would justify the commitment of mitted U.S. forces. This is not leader- mittee, I have spent a great deal of United States ground forces in Bosnia. ship. time analyzing the risks involved in In fact, President Clinton’s Bosnia On the ground, our troops will face the United States joining the NATO ef- strategy over the past 3 years has been overwhelming logistic hurdles. In addi- fort or not joining the NATO effort. an incoherent jumble of vacillating tion to arriving at the height of the There are risks both ways. I have con- policies. harsh Balkan winter, our troops will cluded that the risks of not acting, not As a candidate, Bill Clinton criti- face 6 million landmines covering joining the NATO effort, are greater cized the policies of the Bush adminis- much of Bosnia. The exact whereabouts than the risks of acting with our NATO tration and advocated a forceful inter- of many of these mines is unknown and allies, and I will, therefore, support the ventionist role for the United States. their detection will not be easy, as Dole resolution. Once in office, President Clinton many are made of plastic. The risks of acting are clear, and in- dithered while the Balkan situation de- The infrastructure of Bosnia has been clude the risk of casualties from mines, generated into a brutal, dehumanizing devastated by years of war. The from accidents on the road, possibly ethnic civil war. Much of the tragedy bridges, roads, and railroads which re- from snipers. Those risks are real, and we see in Bosnia occurred on President main usable are simply not capable of I think the American public should be Clinton’s watch. supporting the weight of M1–A1 tanks fully aware of what those risks are. As Without consulting Congress, Presi- and any other heavy armaments. Most hard as we have tried to reduce those dent Clinton entered into an agreement existing airstrips have been seriously risks—and the Joint Chiefs and the to commit U.S. ground forces. He has damaged. commanders have made an extraor- not come before a joint session of Con- Clearly, we will have to spend mil- dinary effort to reduce those risks in gress to explain his policies on this lions of taxpayers’ dollars, American every way possible, through training issue. Rather, from the Oval Office, taxpayers’ dollars, in infrastructure be- and equipment and in other ways— President Clinton delivered a televised fore we can begin to adequately police those risks are there and they are real. national address and then boarded Air the so-called peace agreement. Once we But there are risks of not acting to Force One bound for Europe. It struck begin that effort, we will then spend join our NATO allies. Those risks of me as though he was more eager to col- billions more on military equipment not participating with NATO are also lect congratulations in European cap- and personnel. How much will this lat- very real and, in my judgment, are itals than to explain his Bosnian policy est effort in nation building cost? And greater than the risks of joining. The to Congress and the American people. that is what we are doing, nation build- risks of not acting, of not participating Despite this absence of Presidential ing. Some estimates are as high as $100 with NATO, include the risk of a peace leadership, a rejection of the Clinton million a month. I suspect that prob- agreement falling apart because of administration’s troop deployment ably is not high enough. NATO’s absence. That, in turn, could plans does not mean a rejection of Further, I have written to the Clin- lead to a wider and more dangerous American involvement in the Bosnia ton administration requesting informa- war, with continued killing, ethnic peace process, nor a retreat into isola- tion about its plan to start supplying cleansing, rape, and other atrocities, tionism. foreign aid to Bosnia. I have not yet re- more civilian refugees and humani- The United States has played a sig- ceived a response. tarian catastrophe in Bosnia, Croatia, nificant role in Bosnia, and we should We have an opportunity to avoid re- Slovenia, Serbia, but also possibly in continue to do so. United States mili- peating the tragedies of Lebanon and Kosova and Albania and Macedonia, tary commanders provided leadership Somalia. Now is the time to use our and even possibly in Greece and Tur- to NATO in advocating the use of air- technological superiority to spare key. strikes to break the Bosnian Serb mili- American lives. Many of those who op- The effects could be felt beyond the tary advantage, while the Clinton ad- posed our investment in advanced mili- region as well. Of great importance December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18503 here—and this is something which I do Our military leaders have been clear that we are not going in. We are not not believe has been given enough at- about what our troops will not do, so going to fight our way in. We are going tention—is that Russia is now willing there will not be any mission creep. there to help implement a peace agree- to participate with the United States They will not oversee election security; ment which the parties want. and our NATO allies in the peace im- they will not conduct humanitarian re- The fifth question: Is there a clear plementation force in Bosnia. In fact, lief missions; they will not help civil- exit strategy? Administration officials Russia is willing to place their troops ians relocate or act as local police. are clear that the deployment of Unit- in Bosnia directly under an American Now, there is a fine line between ac- ed States forces with NATO will last commander. That would be historic co- tually performing those tasks, which approximately 1 year, and they have operation with long-term benefits for U.S. and NATO troops will not do and said that most of the military tasks European security and for world secu- that the U.N. agencies and other pri- that the NATO force is charged with rity. vate organizations will attempt to do, achieving may be achievable in less But if this agreement falls apart and and helping to create a secure environ- than 12 months. the war widens because we do not par- ment, which NATO’s force will do while There are two key issues here. One is ticipate with NATO, and we know they are there so that those other whether an effective equilibrium of NATO will not carry out this operation tasks can be accomplished. forces can be achieved between the par- without the United States, NATO NATO and U.S. military leaders say ties in such a way that the Bosnians would be weakened and fractured, and that they have sufficient guidance to can defend themselves when the NATO the United States and Russia could be make the judgment about that fine forces leave. There is still a lot of pulled to opposite sides in a Europe line. Our troops will not be directly re- doubt about this. The goal is not part newly divided. sponsible for disarming the Bosnian of the military mission itself. It is a Hardliners in Russia would balk at Serbs or equipping the Bosnian Govern- separate commitment from the United working with the United States and ment to achieve an equilibrium of States to all of the parties, which all of would gain political points domesti- forces on the ground. While both of the parties, we are told, have accepted. cally in upcoming elections. So, in ad- those missions are desirable, it is ap- Now I remain skeptical, as indeed do dition to the region becoming inflamed propriate for the NATO force to be able some of the officials who testified be- again, in addition to the United States to maintain its evenhandedness in fore us, that an arms control agree- potentially being dragged into a wid- dealing with all of the parties and ment as outlined in the Dayton agree- ened war in Europe, just as we have therefore to leave those tasks to sepa- ment can by itself effectively achieve been dragged in twice before this cen- rate mechanisms. that equilibrium. Secretary Perry says tury, we could see a Russia become The third question I asked: Has the that he believes that the United States more threatening to Europe and to risk to our troops been minimized? commitment to assure success of this United States interests, precisely when Bosnia, even after this agreement, is a effort to rearm and train the Bosnians NATO is fractured and less able to deal very dangerous environment. I have if the arms control effort fails, will ac- with that newly threatening Russia. been particularly concerned, as have tually help that arms control effort So the failure to participate here many of us, about the threat posed by succeed. could well sink our efforts to improve landmines, which some have estimated We will need to watch closely to see the United States-Russia relationship, to number 6 million. General if the parties abide by their obligations to build strong democracies in Europe, Shalikashvili has testified last week to reduce armaments, working with to expand NATO, and to integrate Rus- that the troops have received extra the Organization for Security and Co- sia into permanent European security training before deploying to the thea- operation in Europe. For instance, they arrangements. ter specifically against known hazards, have agreed not to import any weapons When President Clinton wrote to the such as landmines and snipers. They for 90 days and any heavy weapons for Speaker of the House last month, he will be well-armed, equipped with ro- 180 days. If they do not abide by these highlighted the costs of not trying to bust rules of engagement that they aspects of the agreement, the United help secure the peace efforts of the need to protect themselves, and local States is prepared to assure that arms warring parties, and this is what he commanders will have the authority and training will be provided to the said: that they need to make decisions about Bosnian Government. This must be Unquestionably, there are costs and risks using force without any cumbersome premised, of course, on the most reli- to all involved in making peace. Peace is the dual-key arrangements. able possible assessment of all sides’ less risky alternative. But there will be no Secretary Perry testified that they current military capabilities, and the peace without America’s engagement. have the authorization to use deadly assessment of what constitutes an ef- Madam President, I have asked a lot force, if necessary, and National Secu- fective equilibrium: defensible terri- of questions about this mission over rity Adviser Tony Lake warned that— tory with sufficient armaments. If the the last few weeks, as a member of the . . . if anybody fools with our forces, they arms control agreements are not car- Armed Services Committee. The first will get hit, hit immediately and very hard, ried out, as Secretary Perry testified, question is: Are there important U.S. and we expect that any other challenge or the United States can and will need to interests at stake? I believe the answer threat to our forces would be intimidated. try to accelerate the arming effort dur- is yes. In addition, there is a clear chain of ing the 12-month NATO deployment pe- The United States has an interest in command with U.S. commanders at the riod. helping the parties establish peace and top. General Shalikashvili testified The second key issue on exiting is stability in Europe. We have an inter- that he believes the risk of physical whether a secure environment can con- est in preventing the war from spread- danger to be small and that he would tinue to exist after the NATO force ing, which also could fracture the anticipate more casualties from acci- leaves. Annex 11, signed by the parties, NATO alliance and which could put dents than from hostile action. establishes an international police task Russia and the United States on oppo- The fourth question I asked: Are force assistance program to monitor, site sides of a renewed and wider war. there clearly defined conditions under observe, inspect, advise, and train law The second question I asked: Is the which United States forces will not go enforcement agencies to improve pub- mission clear, and is it limited and into Bosnia? The answer is yes. lic and state security. But that may achievable? The Chairman of the Joint We have received repeated testimony not be enough. In addition to the inter- Chiefs of Staff has testified that it is, that NATO will not fight its way in. national police task force, full and and the military commanders agree. The parties have initialed an agree- lasting implementation by the parties The NATO mission has three primary ment, and they are scheduled to sign it of all aspects of the peace agreement military objectives: maintaining the in Paris tomorrow. Vanguard NATO may require the presence of a smaller existing cease-fire, physically separat- units are in Bosnia. We must see evi- residual military force in the former ing the warring parties, and overseeing dence of compliance with this agree- Yugoslavia for longer than the 1 year the division of territory agreed to by ment before deployment. Otherwise, planned for the NATO implementation the leaders in Dayton. General Shalikashvili has testified force, and any such residual force S 18504 CONGRESSIONAL RECORD — SENATE December 13, 1995 should be comprised primarily of tell those troops we are now for you war. It is still up to the parties them- Armed Forces from European nations but your mission is a mistake. If that selves to implement the agreement. without U.S. Armed Forces. mission is a mistake, we should have The role of the NATO Implementation I believe there should be planning un- voted not to allow it. We cannot have Force [IFOR] is to give them that derway now for a European residual it both ways and expect our troops, chance, by creating a secure environ- force. The President should be encour- who are being put in harm’s way, to do ment in which the many tasks set aging European nations now to initiate anything except react in wonderment forth in the agreement can be pursued. contingency planning for such a force and amazement that a Congress could But if the United States does not par- that does not include U.S. Armed decide not to restrict the funds, and ticipate in that NATO force, after the Forces to maintain a secure environ- then to say in the same resolution we parties have signed up to an agreement ment for implementation of the peace are behind our troops, although the we urged upon them, with the expecta- agreement after the NATO forces leave. mission is wrong. tion that we would participate, then Mr. President, there is no need to I hope we will defeat the Hutchison the war will resume and probably wring our hands in this body about not resolution and adopt the third resolu- spread. More civilians will be killed, having a choice. Some say we have no tion which will be voted on, the Dole- tortured, and ethnically cleansed in a choice, that the decision has been McCain resolution, which in a qualified renewed war. More refugees will be dis- made. Well, we have three choices, at way, in a very careful way, supports placed and dispersed throughout Eu- least. the continuation of this mission. rope. As President Clinton said last Choice 1 is to say there shall be no Mr. President, it comes down to this: month: funds for these troops. That was the We have vital security interests in try- If we’re not there, NATO will not be there. choice that we voted against earlier ing to help prevent a war in Europe The peace will collapse. The war will today. But that was a choice. That is a from resuming and spreading into a reignite. The slaughter of innocents will constitutional capability that we have, wider regional war which would prob- begin again . . . American cannot and must not be the world’s policeman. We cannot stop if we decided to exercise it, to say that ably fracture NATO, which could very all war for all time, but we can stop some we will use the power of the purse so well pit NATO ally against NATO ally. wars. that these troops would not go to We have an interest in reducing the There is wide support for this conclu- Bosnia. By an overwhelming vote, 22 to chance of Europe becoming divided sion. 77, we decided not to use the power of again with Russia on the other side President Bush’s former National Se- the purse, not to use that capability from most of Europe, with a Russia curity Adviser Brent Scowcroft warned that this Congress has under the Con- that would be likely, if this peace against the risks of this undertaking, stitution to restrict funding in order to agreement failed because the United but he said that ‘‘the alternative, in prevent troops from going to Bosnia. States stayed out of the NATO force, my judgment, is a clear disaster. To But it was a choice. We were not in a to then grow as a threat to the United turn our back now would be a catas- position where we were prevented from States and to our allies. If this peace trophe. . . . If we don’t go in, a lot exercising that constitutional option. agreement falls apart because of Unit- more Americans will die, somewhere, We have a second choice. We can ex- ed States non-participation with sometime.’’ press an opinion which is in opposition NATO, we would be playing into the Former Undersecretary of Defense to this mission, short of using the hands of the most extreme nationalists Paul Wolfowitz testified to the Armed power of the purse, but nonetheless an in Russia and furthering their election Services Committee that ‘‘if we go in, expression of opinion. That is what the ambitions next year. If this NATO there is a modest chance of success. If Hutchison resolution does. military mission succeeds, Russian we stay out there is a real certainty of It seems to me, however, that the troops for the first time will be under failure.’’ The cost to important U.S. se- Hutchison resolution would be a ter- American command, an extraordinary curity interests of a wider and more rible mistake and would sap the morale development in history, and will be a deadly war spreading throughout the of our troops terribly. To tell our greater part of a European security so- region, possibly putting us in direct troops that we will support you, we are lution, instead of being part of the conflict with Russia again after 5 years all for you, as part of the Hutchison problem as they have for so many dec- of improving relations, would be enor- resolution does, to say that the Con- ades. mous. It is not just the relevance and gress supports military personnel who U.S. involvement in this NATO force usefulness of NATO as an instrument may be ordered into Bosnia, but we op- is essential if the peace agreement of of European stability that would suf- pose the decision, is telling those the parties has any chance of being im- fer, but United States credibility troops who are put in a position of dan- plemented. This is a chance, a chance around the globe. ger that we do not support their mis- that only the parties can take advan- Mr. President, there are indeed rea- sion. tage of. But by participating, we would sons to be skeptical that the peace Now, if anything will undermine mo- also be giving the parties a chance to agreement can be fully implemented. rale of troops, it would seem to me, it end the slaughter and the ethnic The region has seen centuries of his- would be saying this to them: No mat- cleansing and the use of rape as a toric animosities, and 4 years of brutal- ter how much we say in one paragraph weapon. For all of these reasons, and ity. There are still territorial disputes of the resolution that we are behind having answered the questions which I whose final settlement has been put the troops—you can say that all you put to myself in good conscience over off. The man who fueled war with want, you can proclaim that all you the last few weeks, I have concluded we dreams of a Greater Serbia, Slobodan want in one paragraph—but it runs ex- should participate in the NATO force, Milosevic, now claims to be the guar- actly counter and undermines that and I hope the Dole-McCain resolution antor of the Bosnian Serbs’ compliance message to say in another paragraph, is adopted. with the agreement. you are being sent on a mission which Mr. President, against all odds and Resettlement of refugees, guaranteed is wrong. If that mission is wrong, then against most predictions, the warring in the agreement, promises to be ex- the power of the purse should be used parties in the Balkans came together ceedingly difficult. We are not sure to prevent it. and negotiated a comprehensive and how many refugees will even try to re- It should be one way or the other. We complex peace agreement. It is not per- claim their homes, or who will arbi- have the authority under the Constitu- fect, and its success is by no means as- trate claims of ownership. Even this tion. We chose not to exercise it. I sured, but it is their agreement, and as past weekend, some Croat forces looted think we made the right decision. But Assistant Secretary Holbrooke testi- and burned the homes of a town sched- we had that choice under the Constitu- fied last week, it goes farther than uled to be returned to Serb control. tion. Having chosen not to exercise a anyone had reason to hope the parties Mr. President, I have concluded how- power that this Congress had to pre- would go when they first started. ever that although there are serious vent the troops from going to Bosnia to This agreement represents the best risks to this mission, the costs and be put in a position of danger, it seems chance for peace in the region that we risks of not acting with our NATO al- to me now it is totally wrong for us to have seen after 4 years of devastating lies, would be even greater. December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18505 People around the world are watch- dent’s position on Bosnia, having come to take a look at some of those guide- ing the United States at this moment, full circle from ‘‘Mission Impossible’’ lines tonight and how this agreement watching to see whether we will fulfill several years ago, to ‘‘fait accompli’’ fits into the context of the criteria the again the role of facilitating peace that today. By disavowing any congres- administration laid out for such a mis- has long been our tradition. I recently sional role, the President has presented sion. received a letter from a old friend of this policy no longer as the administra- First, the goal must be clearly stat- mine, Eric Osterweil, now living in tion’s policy, but now it is America’s ed. When it comes to the mission of the Brussels, but following our delibera- policy. That clearly places us in a very troops, I think this Chamber and the tions closely. Welcoming the Dayton difficult position. What we can and American people certainly need to peace agreement, he wrote: should do today is to use this debate to know what this deployment is or is not I think it is in the strategic interest of the express our reservations and concerns, about. We know it is not a peacekeep- United States to ensure that peace reigns in our support—whatever the case may ing mission. In fact, it is much of a de- Southeastern Europe. The risks, if we fail to be. parture from a peacekeeping mission. act, are, I think, far-reaching. They include potential Russian intervention, a conflict be- Inevitably there are constitutional It is a peace enforcement mission. That tween Greece and Turkey and other disagree- conflicts between branches of Govern- being the case, as the administration able eventualities. It may be difficult for the ment. Inevitably, we have been in this has suggested, is the goal simply to U.S. not to be involved in any major conflict role before, with respect to whether or separate warring parties for 1 year and on the continent of Europe. To me, the most not we should assign troops and wheth- then leave? The administration has potent argument, however, is that the U.S. er or not the President should come to said yes, and so did witnesses before has a chance to ensure that peace prevails the Congress. I happen to think it is the Foreign Relations Committee. But over war and life over death. very important to express our concerns at other times the administration ar- Mr. President, the most important to this and future Presidents about the gued that we will only achieve success votes we take in the U.S. Senate are fact that Congress is not playing such if we succeed in creating a single, uni- those involving the deployment of U.S. a role before the fact—and not after tary, multiethnic Bosnian state, as military personnel to dangerous spots the fact. The fact of the matter is, it is Secretary Holbrooke said after the around the globe. The volunteers who in America’s interests to have congres- signing of the agreement in Dayton, make up our Armed Forces are dedi- sional involvement and participation. when he said, ‘‘Otherwise, we will have cated, talented women and men whose It helps the President to advance his failed.’’ lives we value and whose service we own policy and his own mission. It So, is it a part of our mission to also cherish. The NATO mission before helps to broaden the support if there create a more stable arms balance in them is challenging, but it is doable, as are doubts about such a mission. But, Bosnia, by ensuring the Bosnian Gov- General Shalikashvili has testified, unfortunately, that is not what is be- ernment forces receive the heavy and however individual Senators vote fore us today. armor they currently lack? Yes, that is on this resolution, the troops should We have also considered other alter- part of the overall intent of this ad- know that we all stand behind them natives with respect to Bosnia. In fact, ministration. But the administration and we all stand for them. has also agreed that the arms buildup Mr. President, the Bosnian State out- I can remember as far back as 1993, in will not occur until we can succeed lined in the Dayton agreements has the spring, when I was a member of the first in pursuing an arms builddown. two armies, three administrations, and House Foreign Affairs Committee in But there is no such mechanism for is surrounded by hostile neighbors. Can the House of Representatives, we voted that builddown to occur. a civil society grow out of a land so on lifting the arms embargo so that the Then we have the arming and train- steeped in mistrust, anger, and savage Bosnian Moslems could defend them- ing issue. It will certainly be one of the conflict? There is no guarantee. We selves and their families, their prop- focuses of this resolution before us that cannot assure that there will ulti- erty. And for over 2 years we fought will be offered by Senator DOLE. But it mately be that successful outcome— that battle, and the administration did still is not clear what the administra- only the people who live there and not support us in that endeavor. The tion has in mind or how, in fact, it will their leaders can achieve that. But at Europeans resisted this effort as well. I be accomplished. The fact is, this could least NATO is acting to give them a think that is part of the Balkan trag- be accomplished without even deploy- chance to build a civil society and put edy, the fact that the Moslems could ing troops to Bosnia. But that, unfortu- war behind them. That is a mission not defend themselves; that they did that the United States should not un- not have the arms or the equipment or nately, is not our option today. So the arming, the training, the dermine. the training to defend themselves and The PRESIDING OFFICER (Mr. their families. equipping of the Bosnian Moslems will occur in the face of opposition from our BROWN). ACCORDING TO THE PREVIOUS Now we are faced with the propo- European allies and the Serbs. It was UNANIMOUS-CONSENT AGREEMENT, THE sition of deploying troops to Bosnia. so much opposed that it was not even a SENATOR FROM MAINE IS RECOGNIZED. This should have been the last option Ms. SNOWE. Mr. President, let me and not the first. We should have ex- part of the agreement. Yet it now hap- say at the outset, while many of us hausted all other means and all other pens to be, and should be, a very key have serious concerns with the scope possibilities before we resorted to de- component of the overall strategy. Be- and the structure of the Bosnian mis- ploying ground troops. cause Senator DOLE has been working sion, there is no doubt about our Back in 1993, it is interesting, the ad- on precisely defining this mission now, troops’ ability and competence to carry ministration presented its own cri- because it has not been precisely de- out the mission that has been assigned teria, guidelines for a future mission in fined by this administration, it will re- to them by the President of the United Bosnia. In fact, Secretary of State main one of the key components of this States. Like so many times in the past, Christopher laid out those guidelines in mission. Yet it will have to be done in when they have served our country 1993. They said that, in order to deploy the face of overwhelming opposition by well and they have made us proud, I troops, four criteria should be met: our allies and the Serbs. How that will have no doubts about the fact they will First, that the goal must be clearly be done remains open to serious ques- be no different in this mission. stated; tion. Despite what is being said here this Second, there must be strong likeli- Is our goal, as well, to facilitate elec- evening, whether you are for or against hood of success; tions? Protect refugees? Undertake re- the proposition that is before us, we Third, there must be an exit strat- construction activities? Track down will obviously not change the outcome. egy; and arrest war criminals? The adminis- The deal, as they say, is done, because Fourth, the action must win sus- tration sometimes argues no. But then the troops are being deployed and will tained public support. it also argues that these nation-build- continue to be deployed, no matter It seems to me the administration ing activities are what will determine what we do here or how we vote. has fallen far short in meeting some of whether or not we have succeeded. So, Congress is essentially faced with a these criteria that the administration are these our goals as well? In fact, proposition of accepting the Presi- itself has established. But I would like this case is strengthened by the fact S 18506 CONGRESSIONAL RECORD — SENATE December 13, 1995 that in the Dayton accords the United As Dr. Schlesinger testified before hausted all other possibilities and al- States insisted on granting our forces the Armed Services Committee, he ternatives, Congress, the American the power to become involved in these said, ‘‘We do not really have an exit people, and our troops would not be activities. strategy because the situation is too faced with a situation that has now To quote from article 6, section 3: messy. We have an exit hope.’’ been forced upon us. But, unfortu- Our NATO forces will have the authority Finally, the action must have sus- nately, the proverbial train has left the to: tained public support. Polls have station. A. Help secure conditions for the conduct shown that there is not strong support In the final analysis, this is a mission of free and fair elections; B. Assist in the accomplishment of human- for this mission to Bosnia. In fact, it in which success is in no way clear— itarian missions; shows the opposite. The majority of whose mission is yet to be defined, C. Assist the U.N. High Commission for the American people oppose the de- whose goals are yet uncertain, and Refugees; ployment of American troops into whose mission does not have the sus- D. Prevent interference with the move- Bosnia. We know that could change as tained support of the American people, ment of civilian populations and to respond the troops are being deployed and will and with parties who are not fully com- to deliberate violence to life and person. continue to be deployed. mitted to peace. If our powers under article 6, section But what is the reason for the con- Mr. President, I yield the floor. 3, are not a recipe for mission creep, I cern among the American people? I Mr. BYRD addressed the Chair. do not know what is. think the concern stems from the fact The PRESIDING OFFICER. Accord- Second, there must be a strong likeli- that the administration has yet to ing to the previous order, the distin- hood of success. Is there? Of course, make a compelling case on the merits guished Senator from West Virginia is that all depends on the definition of of the mission or even to clearly define recognized. our mission. And, as I have already the mission itself in terms of our vital Mr. BYRD. Mr. President, I thank stated, those goals are somewhat con- national security interests. The Amer- the Chair. fused and vague. I have read the pre- ican people need to know—and they de- Mr. President, of course, there is no dictions of a wide range of experts on serve to know—that the mission itself audience—or very little—here on the this subject, and few are truly optimis- merits a military deployment of our floor. But I do not speak tonight to the tic about the long-term success of this audience on the floor. I speak to the agreement, whatever the definition of troops. The American people have the right to know that the parties involved audience that may be listening or success may be. There is also a great watching through the electronic eye. deal of skepticism of the genuine com- in Bosnia are committed to self-sus- taining and enduring peace. And at the I also speak for the RECORD, Mr. mitment of all the parties to this President, because a year from now we agreement or to any common vision of very least they should expect that these parties will be committed to a are going to look back on this debate. a future for Bosnia. Ten years from now we will look back But, clearly, we are not going into longstanding peace. That remains open on this RECORD. And this RECORD will Bosnia with lightly armed troops mon- to a very serious question. And it gets stand 100 years; 1,000 years. So I think itoring a peace that has been reached back again to the definition of our goal the RECORD should be made for future voluntarily and in good will by the par- and mission. guidance. ties themselves. That is what a tradi- I happen to think that it is very im- (Ms. SNOWE assumed the Chair.) tional peacekeeping operation is all portant that whenever we are deploy- about. But that is not what this is. ing our men and women to an area of A CONTRADICTORY BOSNIA RESOLUTION Rather, we will be moving in with one conflict, when we are putting them in Mr. BYRD. Madam President, one of the U.S. Army’s six heavy armored harm’s way, that it is absolutely vital resolution we are now debating, offered divisions, the 1st Armored Division that the parties involved are abso- by the junior Senator from Texas, di- which served as a cornerstone of lutely committed to securing a long- rectly addresses the idea of supporting NATO’s defense against the Soviet lasting peace. I think that all that we the troops and the role which they Union. So, this becomes more like our have heard thus far remains open to have been asked to play, in what I be- deployments to Beirut in 1983 and So- very serious question as to whether or lieve is a somewhat contradictory man- malia, in 1993, both of which ended not that will be the ultimate outcome. ner. The resolution before us would with disastrous consequences, and both So I think that the administration sign the Senate up to supporting U.S. attempted to deploy United States has fallen short in meeting its own cri- troops in Bosnia without supporting troops in the service of so-called na- teria for this mission. But above and the mission that they are called upon tion-building activities. beyond that failure, there is another to perform. Third, there must be an exit strat- question. And that is the unprece- In two simple sentences, this resolu- egy. dented nature of this deployment. tion would purport to support U.S. The administration has said it has an It has been said that this is the first troops while simultaneously undermin- exit strategy by promising to be out time NATO has embarked upon a mis- ing the very work they are performing. within a year. But this is an exit time- sion outside of the treaty area itself. How can we, as the resolution before us table, not an exit strategy. It says And there are those who argue in favor states, ‘‘strongly support the U.S. nothing about what needs to be accom- of such a mission because they say that Armed Forces who may be ordered by plished during that year to permit our it will serve as a model for future the President to implement the Gen- successful disengagement. Again, any NATO missions as well as securing the eral Framework Agreement for Peace viable exit strategy defines our mis- future of the alliance. That may be in Bosnia and Herzegovina. . .’’ after sions and goals. And we still have seen true. But no one has answered the having just stated, in the same resolu- that remains nebulous at best. How can question as to what harm will come to tion, that ‘‘the Congress opposes Presi- the administration legitimately argue NATO and its prestige if this mission dent Clinton’s decision to deploy Unit- that it has an exit strategy if it cannot should fail. And what damage will that ed States forces into the Republic of clearly define the mission? In fact, Sec- do to the alliance? If 2 years from now Bosnia and Herzegovina to implement retary Perry said before the Foreign we face renewed fighting—which indeed the General Framework Agreement for Relations Committee that the exit is a serious prospect and consider- Peace in Bosnia and Herzegovina. . .’’? strategy will have accomplished the ation—and a partition of Bosnia, as so What kind of moral support are our cessation of hostilities, a separation of many analysts believe is the most like- troops supposed to find in that? And warring parties, and a break in the ly outcome, in the end what will we what kind of resolve does that dem- cycle of violence. But that really does have accomplished? Will it have been onstrate to anyone who might attempt not define an exit strategy. What it worth the potential loss of American to undermine the Bosnian peace agree- does is define an end date. It defines ex- lives, if that loss could have been ment? actly what the state of affairs happens avoided by employing other means This is a clear flag, Madam Presi- to be at the time in which we depart. such as lifting the arms embargo? dent, to those who would target our But it does not define what we have ac- Mr. President, one cannot help but troops telling them that, if they target complished. feel that if we had pursued and ex- our troops, we will yank them out of December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18507 that mission. So, the mission is under- ets, but it has failed to exercise its au- all that are in the house are left in cut and eroded from the very beginning thority under the Constitution to di- darkness. And worse, this resolution by our own actions. That is not support rect or authorize the use of troops. tells the President—not just this Presi- of the troops, to my way of thinking. This was clearly not the intent of the dent, but all future Presidents—that This resolution also fails to address Framers. you can do whatever you want, we may Congress’ Constitutional responsibility How can we reasonably tell troops in not agree with you, but you can count to weigh in on decisions to employ U.S. the field that we, the Congress, support on us to support the troops. Do what troops. It is simply silent on that you, the troops, but we are not willing you want with the troops, we do not point. With this resolution, we again to support the task you have been or- question your authority, and count on fail to dip even our toes into the icy dered to perform? This is what the res- us to follow up with appropriations and waters of a controversial and difficult olution before the Senate says, but this other forms of support to the troops political decision to risk the lives of is a hair that cannot be split. We must you have committed to the field. This U.S. troops, even in support of what we step up to the plate, and support the dangerous precedent allows Congress to all hope will be a relatively job as well as the laborer, or we are not wash its hands—like Pontius Pilate—of unthreatening mission in support of a fulfilling our Constitutional role. I the responsibility to authorize the use peace agreement. Because we cannot hope my colleagues will not be fooled of troops, to stand in judgment on the guarantee that the life of not one U.S. into thinking that they can have their mission the troops are called upon to military service person will be lost in cake and eat it, too, by supporting the carry out. We can just pass contradic- this endeavor, we shy like a skittish troops without supporting the mission tory, confusing resolutions to ‘‘support horse from the halter of our respon- that they have been ordered to per- the troops’’ in carrying out any Presi- sibility. form. dential whim, without dealing with our I say to my colleagues that the lives Suppose I would say to one of my constitutional responsibility to deal of three diplomats have already been grandsons, my beloved grandsons, who with politically difficult decisions on lost in this effort, but we do not think might be going off to Bosnia, ‘‘Well, how and when to employ force. I say to their lives were lost in vain, because my dear grandson, you know I love my colleagues, think again, before sup- we have reached a peace agreement. Is you; I love you more than life; but I do porting this very unwise and poten- their effort, their sacrifices, not worth not support the mission that you are tially dangerous resolution. this effort to see the hard-won peace on. I am going to slam the door behind Mr. President, now I wish to address through to the end? There is no better your back when you leave the house, the resolution by Mr. DOLE and Mr. alternative, and Congress must now and you’re on your own!’’ MCCAIN. stand up and shoulder its responsibility This resolution is a slap in the face I commend the majority leader, Mr. to vote on this mission, to support both to our troops, telling them that we DOLE, as well as the distinguished Sen- the troops and the job they are under- support them, but that their mission is ator from Arizona, Mr. MCCAIN, for taking. foolhardy. their resolution. And I commend them Mr. President, it is clear from the What kind of support is that? You are for working with the minority leader historical record that, until recently, up there on the high dive, troops, and and other Senators on both sides of the the President has had only limited we support you, but we do not believe aisle to fashion it. powers as Commander in Chief. Other there is any water of justification in I commend the minority leader and than repelling invasions and protecting the mission bucket you are about to Senator NUNN and Senator PELL and U.S. forces, the President’s authority dive into. That is not support. Anyone all the other Senators who were on the as Commander in Chief was bound by can see that such a claim amounts to a task force on the Democratic side who the Congressional power to raise and hollow nut! There is no meat in it! worked with the words and with the support armies and the Congressional Let us read what the Apostle Paul Republicans in fashioning the final power to authorize the use of those said in his First Epistle to the Corin- product. It is important from a histori- forces in offensive operations. Congress thians. It may be a little old fashioned cal and constitutional perspective. It is not only supported the troops as a to bring the Holy Bible in to the Cham- important as well from a political per- daily, practical matter, it played an es- ber, but I am a little old fashioned. I spective. First, if it passes, and I hope that it will, it provides the political sential role in deciding on the cir- am not of the religious left or the reli- underpinning necessary for the Presi- cumstances under which troops would gious right, but I believe in this holy dent to pursue a military deployment be used offensively. President Jefferson book. Here is what Paul said: abroad where there are going to be and others recognized and acknowl- And even things without life giving sound, costs in the billions of dollars, for the edged the limits on their presidential whether pipe or harp, except they give a dis- tinction in the sounds, how shall it be known risk of casualties certainly exists, and authority to order troops into actions where the credibility of the United that were not clearly in defense of U.S. what is piped or harped? For if the trumpet give an uncertain States and NATO is at stake. territory and forces. sound, who shall prepare himself to the bat- Second, I believe that the language It is only recent practice in which tle? fulfills the constitutional requirement Congress has acquiesced greater au- So likewise ye, except ye utter by the that the Congress authorize or approve thority to the President to employ tongue words easy to be understood, how the operation in specific enough detail military forces in offensive or non-tra- shall it be known what is spoken? for ye to draw limits around it. In doing so, ditional operations without specific au- shall speak into the air. the Congress fulfills the exercise of its thorization. This has had the effect of Madam President, the Hutchison- responsibilities that the Framers ex- tying the use of troops ever more tight- Inhofe resolution speaks into the air, pected and that has prevailed through ly with the President in his role as saying one thing on the one hand and most of American history. Commander in Chief. I am sorry that another thing on the other. We are giv- I think it is important for Senators this is the case, because I believe that ing an uncertain sound with this trum- to reflect on our constitutional respon- it is a degradation of Congressional au- pet. We are speaking into the air. Then sibilities in respect to our action thority that undermines the delicate in the words of Paul, ‘‘Who shall pre- today. The question of the actual con- balance of power intended by the pare himself to the battle?’’ stitutional reach of the President, act- Framers, but it is the situation in This is lighting a candle and putting ing alone, and without congressional which we find ourselves as a result of it under a bushel. Jesus said, ‘‘Neither authority to deploy forces into hos- our own Congressional unwillingness to do men light a candle and put it under tilities or substantial risk of hostilities assert our Congressional role. a bushel but on a candlestick, and it has become a recurring modern issue As Cassius said, ‘‘The fault is not in giveth light unto all that are in the between Presidents, beginning with our stars, dear Brutus, but in ourselves house.’’ Harry Truman and continuing through that we are underlings.’’ This resolution by the able Senators to today. Congress remains proud of its sup- from Texas and Oklahoma does not When the Framers began their work port of the troops in terms of providing give light to all that are in the house. at the Philadelphia Convention, exist- robust, even overblown, defense budg- It puts the candle under a bushel, and ing models of government placed the S 18508 CONGRESSIONAL RECORD — SENATE December 13, 1995 war power squarely in the hands of the ties,’’ whereas the British king ‘‘is the country in an emergency. He expected king. The English Parliament had sole possessor of the power of making Congress to meet only once a year. gained the power of the purse in 1665 to treaties.’’ The royal prerogative in for- Madison and Elbridge Gerry rec- control the king, but the power to go eign affairs was deliberately shared ommended that ‘‘declare’’ be sub- to war remained a monarchical prerog- with Congress. Hamilton contrasted stituted for ‘‘make,’’ leaving to the ative. John Locke’s Second Treatise of the distribution of war powers in Eng- President ‘‘the power to repel sudden Government (1690) spoke of three land and in the American Constitution. attacks.’’ Their motion carried. branches of government: legislative, The power of the king ‘‘extends to the There was little doubt about the executive, and ‘‘federative.’’ The latter declaring of war and to the raising and scope of the President’s authority. The consisted of ‘‘the power of war and regulating of fleets and armies.’’ Un- power to repel sudden attacks rep- peace, leagues and alliances, and all like the King of England, the President resents an emergency measure that the transaction with all persons and ‘‘will have only the occasional com- permits the President, when Congress communities without the common- mand of such part of the militia of the is not in session, to take actions nec- wealth.’’ The federative power (what Nation as by legislative provision may essary to repel sudden attacks either we call foreign policy today) was ‘‘al- be called into the actual service of the against the mainland of the United most always united’’ with the execu- Union’’. No such tether attached to the States or against American troops tive. Separating the executive and fed- king. abroad. It does not authorize the Presi- In Federalist No. 74, Hamilton pro- erative powers, Locke warned, would dent to take the country into full-scale vided an additional reason for making invite ‘‘disorder and ruin.’’ war or to mount an offensive attack A similar model appeared in the the President Commander in Chief. The against another nation. Commentaries written by Sir William direction of war ‘‘most peculiarly de- Blackstone, the great eighteenth-cen- mands those qualities which distin- I believe that any objective reading tury jurist. He counseled that the king guish the exercise of power by a single of this history would lead Senators to had absolute power over foreign affairs head.’’ The power of directing was and the conclusion that the President’s and war: the right to send and receive emphasizing the common strength scope of authority does not include the ambassadors, make treaties and alli- ‘‘forms a usual and essential part in ordering of a deployment into Bosnia, ances, make war or peace, issue letters the definition of the executive author- even if a treaty organization such as of marque and reprisal, command the ity.’’ NATO requested such action by its military, raise and regulate fleets and Designating the President Com- member states. armies, and represent the nation in its mander in Chief represented an impor- The Framers empowered the Presi- intercourse with foreign nations. tant method for preserving civilian su- dent to be Commander in Chief, but These models were well known to the premacy over the military. The person that title relates to responsibilities Framers. They knew that their fore- leading the Armed Forces would be the that are authorized by Congress. The bears in England had committed to the civilian President, not a military offi- language in the Constitution reads: executive the power to go to war. When cer. As U.S. Attorney General Bates ‘‘The President shall be Commander in they declared their independence from explained in later years, the President Chief of the Army and Navy of the England, they vested all executive pow- is commander in chief not because he is United States, and of the Militia of the ers in the Continental Congress and ‘‘skilled in the art of war and qualified several States, when called into the ac- proceeded to incorporate that principle to marshal a host in the field of bat- tual Service of the United States.’’ in the first national constitution, the tle.’’ He is commander in chief for a Congress, not the President, does the Articles of Confederation. Later, dur- different reason. Whatever soldier calling. Article I gives to Congress the ing their learned and careful delibera- leads U.S. armies to victory against an power to provide ‘‘for calling forth the tions at the Philadelphia convention, enemy, ‘‘he is subject to the orders of Militia to execute the Laws of the they decided to vest in Congress many the civil magistrate, and he and his Union, suppress Insurrections and repel of Locke’s federative powers and army are always ‘subordinate to the invasions.’’ Blackstone’s royal prerogatives. The civil power.’ ’’ The title of Commander in Chief was delegates emphasized repeatedly that The Constitution grants to Congress introduced by King Charles I in 1639 the power of peace and war associated a number of specific powers to control and was always used as a generic term with monarchy would not be given to war and military affairs: to declare referring to the highest officer in a par- the President. As James Wilson noted, war; to raise and support armies and ticular chain of command. With the it was incorrect to consider ‘‘the Pre- provide and maintain a navy; the eruption of the English civil wars, both rogatives of the British Monarch as a power to make regulations of the land the king and Parliament appointed proper guide in defining the Executive and naval forces; the power to call commanders in chief in various thea- powers. Some of these prerogatives forth the militia; and the power to pro- ters of action. The ranking commander were of a legislative nature. Among vide for organizing, arming, and dis- in chief, purely a military post, was al- others that of war and peace. ciplining the militia. Furthermore, the By the time the Framers finished Constitution vests in Congress the ways under the command of a political their labors, the President had been power to regulate foreign commerce, superior, whether appointed by the stripped of the sole power to make an area that has a direct relationship king, Parliament or, with the develop- treaties. He shared that with the Sen- to the war power. Commercial conflicts ment of the cabinet system in the ate. He had the right to send and re- between nations were often a cause of eighteenth century, by the secretary of ceive Ambassadors, but only after the war. Guided by history, the Framers war. Senate agreed to his nominations. He placed that power with Congress. England transplanted the title to had no power to issue letters of marque James Madison later remarked: ‘‘The America in the eighteenth century by and reprisal (authorizing private citi- constitution supposes, what the His- appointing a number of commanders in zens to undertake military actions). tory of all Govts demonstrates, that chief and by the practice of entitling That power was vested in Congress. Al- the Ex. is the branch of power most in- colonial governors as commanders in though the President was made Com- terested in war, and most prone to it. chief (or occasionally as vice admirals mander in Chief, it was left to Congress It has accordingly with studied care, or captains general). The appointment to raise and regulate fleets and armies. vested the question of war in the of General Thomas Gage as commander The rejection of Locks and Blackstone Legisl.’’ in chief from 1763 to 1776 caused the was decisive. The debates at the Philadelphia Con- colonists grave concern, for he pro- The reasoning for this break is set vention include a revealing discussion ceeded to interfere in civil affairs and forth clearly in The Federalist Papers. on Congress’ power to declare war. The acquired considerable influence over In Federalist No. 69, Alexander Hamil- early draft empowered Congress to Indian relations, trade, and transpor- ton explained that the President has ‘‘make war.’’ Charles Pinckney ob- tation. The bitter memory of his deci- ‘‘concurrent power with a branch of the jected that legislative proceedings sion to quarter troops in civilians’ legislature in the formation of trea- ‘‘were too slow’’ for the safety of the homes spawned the Third Amendment December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18509 to the Constitution. These activities first annual message to Congress, he Court that the object of the clause was and others prompted the colonists in reported the arrogant demands made to give the President ‘‘such supreme the Declaration of Independence to by Joseph Caramanly, the pasha of and undivided command as would be complain of King George III that he Tripoli. Unless the United States paid necessary to the prosecution of a suc- had ‘‘affected to render the Military tribute, the pasha threatened to seize cessful war.’’ In 1919, Senator George Independent of and superior to the American ships and citizens. In re- Sutherland, who later became an Asso- Civil Power.’’ sponse, Jefferson sent a small squadron ciate Justice of the Supreme Court, But the colonists had no reason to to the Mediterranean to protect wrote, ‘‘Generally speaking, the war fear the governors who were given the against the threatened attack. He then powers of the President under the Con- title commander in chief, even though asked Congress for further guidance, stitution are simply those that belong they controlled the provincial forces, since he was ‘‘unauthorized by the Con- to any commander in chief of the mili- since the colonial assemblies claimed stitution, without the sanction of Con- tary forces of a nation at war. The Con- and asserted the right to vote funds for gress, to go beyond the line of de- stitution confers no war powers upon the militia as well as to call it into fense.’’ It was left to Congress to au- the President as such.’’ service. In fact, grievances came from thorize ‘‘measures of offense.’’ While the Supreme Court has held the governors, who complained of the Jefferson’s understanding of the war that the President may not initiate relative impotence of their positions. clause underwent no revision. Like Jef- hostilities and that he is authorized The colonists’ assemblies’ (and later, ferson, President James Madison was only to direct the movements of the the states’) assertions of the power of aggrieved by the punishment and har- military forces placed by law at his the purse as a check on the commander assment inflicted on United States ves- command, it has been contended that in chief reflected an English practice sels. In 1812, he expressed to Congress the existence of a standing army pro- that was instituted in the middle of the his extreme resentment of the British vides the President with broad discre- seventeenth century. By 1665, Par- practices of seizing American ships and tionary authority to deploy troops on liament, as a means of maintaining po- seamen and inducing Indian tribes to behalf of foreign-policy goals. Al- litical control of the military estab- attack the United States. Madison though the intrusion of a public force lishment, had inaugurated the policy of complained but said the question of into a foreign country may well entan- making annual military appropriations ‘‘whether the United States shall re- gle the United States in a war, Presi- lasting but one year. This practice main passive under these progressive dents have often manipulated troop de- sharply emphasized the power of Par- usurpations and these accumulating ployments so as to present Congress liament to determine the size of the wrongs, or, opposing force, to force in with a fait accompli. Given the broad army to be placed under the direction defense of their national rights’’ is ‘‘a range of war powers vested in Congress, of the commander in chief. solemn question which the Constitu- including the authority to provide for The practice had a long influence, tion wisely confides to the legislative the common defense, to raise and sup- for, under its constitutional power to department of the Government.’’ port armies, and to decide, in Madi- raise and support armies and to provide Following his 1823 announcement of son’s words, whether ‘‘a war ought to a navy, Congress acquired a right that what has become known as the Monroe be commenced, continued or con- the colonial and state assemblies had Doctrine, President James Monroe was cluded,’’ it seems clear that Congress to vote funds for the armed forces. An confronted with international cir- may govern absolutely the deployment additional historical parallel in the Ar- cumstances that seemed to invite the of forces outside U.S. borders. As a ticle I, Section 8, clause 13 provides use of force, but Monroe repeatedly dis- practical measure, Congress may that ‘‘no Appropriation of Money to claimed any constitutional power to choose, within the confines of the dele- that Use shall be for a longer Term initiate hostilities, since, he main- gation doctrine, to vest the President than two Years.’’ The requirement of tained, that authority was granted to with some authority to send troops legislative approval for the allocation Congress. abroad, but there is nothing inherent of funds to raise troops underscores the President James K. Polk may well in the Commander in Chief clause that principle of political superiority over have initiated war with Mexico in 1846, yields such authority. military command. It also constitutes when he ordered an army into a dis- Representative Abraham Lincoln in a a sharp reminder that a Commander in puted area on the Texas-Mexico border. letter to William H. Herndon said: Chief is dependent on the legislature’s But Polk understood the constitutional dimensions of the war power and of- Allow the President to invade a neighbor- willingness to give him an army to ing nation, whenever he shall deem it nec- command. fered the rationale that Mexico had in- essary to repel an invasion, and you allow The Continental Congress continued vaded the United States, which, if true, him to do so, whenever he may choose to say the usage of the title in 1775, when it would justify a response by the Com- he deems it necessary for such purpose—and unanimously decided to appoint George mander in Chief. you allow him to make war at pleasure. Washington as general. His commission Until 1950, no President departed Study to see if you can fix any limit to his named him ‘‘General and Commander from this understanding of the param- power in this respect, after you have given in Chief, of the Army of the United eters of the Commander in Chief him so much as you propose. If, to-day, he Colonies.’’ He was required to comply clause. But to justify President Tru- should choose to say he thinks it necessary man’s unilateral decision to introduce to invade Canada, to prevent the British with orders and directions from Con- from invading us, how could you stop him? gress, which did not hesitate to in- troops into the Korean war, revision- You may say to him, ‘‘I see no probability of struct the commander in chief on mili- ists purported to locate in the Presi- the British invading us,’’ but he will say to tary and policy matters. dent a broad discretionary authority to you ‘‘be silent; I see it, if you don’t.’’ The practice of entitling the office at commence hostilities. The provision of the Constitution giving the apex of the military hierarchy as Emboldened by Truman’s claim, sub- the war-making power to Congress, was dic- commander in chief and of subordinat- sequent Presidents have likewise uni- tated, as I understand it, by the following ing the office to a political superior, laterally initiated acts of war, from the reasons. Kings had always been involving whether a king, a parliament, or a con- Vietnam war to the incursions in Gre- and impoverishing their people in wars, pre- nada and Panama. But this claim is cut tending generally, if not always, that the gress, had thus been firmly established good of the people was the object. This, our for a century and a half and was thor- from whole cloth. It ignores the origins Convention understood to be the most op- oughly familiar to the Framers when and development of the title, the clear pressive of all Kingly oppressions; and they they met in Philadelphia. Perhaps this understanding of the Constitution’s resolved to so frame the Constitution that no settled historical usage accounts for Framers, the nineteenth-century one man should hold the power of bringing the fact that there was no debate on record, and the history of judicial in- this oppression upon us. But your view de- the Commander in Chief clause at the terpretation. The Supreme Court has stroys the whole matter, and places our Convention. never held that the Commander in President where kings have always stood. President Thomas Jefferson under- Chief clause confers power to initiate We are aware of the now familiar pat- stood the limitations of the Com- war. In United States v. Sweeny (1895), tern of most recent Chief Executives in mander in Chief clause. in 1801, in his Justice Henry Brown wrote for the similar circumstances of invoking the S 18510 CONGRESSIONAL RECORD — SENATE December 13, 1995 title Commander in Chief and descrip- limited time. The operative words are The separation of powers principle is tions of him as being the sole organ of in Section 2, that ‘‘the President may intended to prevent one branch of gov- foreign relations or chief of adminis- only fulfill his commitment to deploy ernment from enhancing its position at tration to suggest a conclusion of con- United States Armed Forces . . . for the expense of another branch and, stitutional invulnerability. No statu- approximately one year to implement thus, disturb the delicate balance of tory or decisional authority is volun- the general Framework Agreement and powers that the Framers assumed was teered in support of the conclusion. Military Annex, pursuant to this Reso- the best safeguard against autocracy. If Congress is to have the sole au- lution, subject to the conditions in sub- As Commander in Chief the President thority ‘‘to declare war,’’ as the Con- section (b).’’ That language fulfills the has command of the army and navy stitution clearly states, then are we to Framers’ intent, from a constitutional and may respond to an attack upon the suppose that, in any military action perspective, for the Congress to author- United States. See, e.g., Youngstown short of a declaration of war, the au- ize the President to undertake war Co. v. Sawyer, 343 U.S. at 642 (concur- thority reposed in the Congress by the making powers that he would not oth- ring opinion). Also, there is authority Constitution to declare war is shifted erwise have. for the proposition that he may act to to another department? Are we to as- The emphasis of the authority given safeguard American lives and property sume that any action short of a dec- here today is its limitation in scope abroad. See Durand v. Hollins, 8 F. Cas. laration of war, shifts the authority and time. If, in the future, the missions 111 (No. 4186) (C.C.S.D.N.Y. 1860) and from the Congress to the Executive? engaged in by our forces go creeping Slaughter-House cases, 16 Wall. 36, 79 As we have seen, wars can be waged, into nation-building, to doing the job (1872). But see the Hostage Act of 1868, and have been waged, without a dec- of civil authorities for reconstruction 22 U.S.C. 1732, which excludes war from laration by Congress. Such military ac- or refugee movements, then the Presi- the President’s options to obtain the tions, nonetheless, still constitute dent would have exceeded his author- release of Americans unreasonably de- wars. The shedding of blood, the taking ity. I, for one, would certainly be pre- tained by a foreign government. of lives, the destruction of property, pared to pull the plug on the oper- On the other hand, aside from his the movement of navys and armies, are ation—as I did in the case of Somalia— powers ‘‘to grant Reprieves and Par- all the same, whether done under a dec- and cut off the lifeblood of its appro- dons for Offenses against the United laration of war or without such a dec- priated funds, if that kind of back- States . . .’’ and to ‘‘receive Ambas- laration. War is war whether it is a sliding were to occur. The same is true sadors and other public Ministers’’, the ‘‘declared’’ conflict or otherwise. Are if we went beyond ‘‘approximately one President is totally dependent upon year’’, language that I insisted be in- we to imagine that the authority is Congress for authority or money and cluded in this resolution. Our military shifted from the elected representa- usually both to implement any policy. leaders repeatedly testified that they tives of the people in such instances to Congress is under no legal obligation to were highly confident that the military someone else, or to some other depart- supply either or both. For example, it implementation tasks could easily be ment, or to the executive? The lack of completed within a year, and the Day- has been said that ‘‘[w]hile Congress a declaration of war does not make the ton Accords obligated us to, specifi- cannot deprive the President of com- conflict any less a war than it would be cally ‘‘approximately one year.’’ Thus, mand of the army and navy, only Con- with such a declaration. The sacrifices, the resolution holds the parties’ feet to gress can provide him an army or navy the costs, the ramifications are just as the time clock. In the interim, the to command.’’ Youngstown Co. v. Saw- far reaching in the case of an Bosnian Muslims should be properly yer, 343 U.S. at 644 (concurring opin- undeclared war as in the case of a de- prepared, from a military standpoint, ion). clared war. Why then, should we strain to defend themselves. Furthermore, we In the Dole resolution, the authority our imagination to the breaking point ought to be considering putting into to implement the President’s proposed and pretend that, short of a declaration place a follow-on European-manned se- Bosnia policy is clearly provided, and of war, the authority rests somewhere curity force, if further military secu- in so doing the Senate is accepting re- other than in the legislative depart- rity from the outside appears to be sponsibility for the action. In doing so, ment? needed. But, for us, our job is to be a vital bipartisan political foundation President Clinton has taken the posi- done in ‘‘approximately one year,’’ and is being provided for the President’s ac- tion that he does not believe that he that should be that. tions, and I think it clearly follows needs the authorization or approval of The Constitution divides govern- that the consequence of authorizing the Congress to engage in a major mili- mental powers into three areas: legisla- this policy fall upon us here in this tary deployment in Bosnia, where war- tive, executive, and judicial; and dis- branch as well as in the Oval Office. If ring parties have signed a peace agree- tributes them among three co-equal it passes, we will be giving substance ment but where flashes of violence and branches: Congress, President, and the to the proposition that politics in hostile actions are so possible that courts; and provides a system of checks America stops at the water’s edge, and NATO and other forces are needed to and balances to keep the powers sepa- this is as it should be. The American make the agreement work. His imme- rate and the branches equal. Underly- people should know that the Bosnia diate predecessor, Mr. Bush, took a ing this scheme of government in the implementation is a national policy, similar position in regard to his de- area of immediate concern is the desire approved through the constitutional ployment of forces to Saudi Arabia to to establish interdependence between scheme that was intended by the fram- do battle against Iraq in Desert Storm. Congress and the Executive in hopes of ers. Nevertheless, both of them requested fostering cooperation and consensus in The Constitution specifies that ‘‘[n]o the formal support of the Congress in the supersensitive areas of national se- Money shall be drawn from the Treas- advance of their actions. I requested curity and foreign affairs. ury, but in Consequence of Appropria- President Clinton on a number of occa- As Commander in Chief and sole tions made by Law. . . .’’ This provi- sions to seek the support and approval organ of foreign relations the President sion has been held to be a restriction of the Congress and the American peo- has independent powers, not simply upon the disbursing authority of the ple, before committing troops. The those conferred on him by statutes. Executive Department, and means that Senate ‘‘authorized’’ Mr. Bush, in S.J. Dames & Moore v. Regan, 453 U.S. 654, no money can be paid out of the Treas- Res. 2 on January 12, 1991, ‘‘to use 661 (1981), quoting United States v. Cur- ury unless it has been appropriated by United States Armed Forces’’ against tiss-Wright Export Corp., 299 U.S. 304, an Act of Congress. Cincinnati Soap Co. Iraq, by a vote of 52–47. 319–320 (1936). At the same time, by vir- v. United States, 301 U.S. 308, 321 (1937). Again, here today in the Resolution tue of its power over the purse and Accordingly, the absolute control of offered by the Majority Leader, the powers to raise and support armies, to the moneys of the United States has Senate is providing clear authorization provide and maintain a navy, and to been said to be in Congress, and Con- for the President to undertake a spe- regulate both, Congress has broad con- gress is responsible for its exercise of cific action, and in this case in some- stitutional powers implicating na- this great power only to the American what more specificity than was the tional security and foreign affairs. Ar- people. Harrington v. Bush, 558 F. 2d 190, case with regard to Mr. Bush, and for a ticle I, 1, cls. 12, 13, 14. 194 note 7 (D.C. Cir. 1977). The power to December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18511 make appropriations includes the au- this lawmaking power of Congress to vide for organizing, arming, and dis- thority not only to designate the pur- presidential or military supervision or ciplining the militia, and for governing pose of the appropriation, ‘‘but also the control.’’ Id. at 588 (opinion of the such part of them as may be employed terms and conditions under which the court). in the service of the United States, re- executive department of the govern- Although Congress is subject to the serving to the states respectively, the ment may expend the appropriation. Constitution in the exercise of its appointment of the officers, and the . . . The purpose of the appropriations, power of the purse as in the exercise of authority of training the militia ac- the terms and conditions under which all its powers, e.g., United States v. Lov- cording to the discipline prescribed by .. . appropriations [are] made is solely ett, 328 U.S. 303 (1946), ‘‘[e]ven when the Congress;’’ in the hands of Congress and it is the President act clearly within his pow- Clause 18, Section 8, Article 1 states: plain duty of the executive branch of ers, Congress decides the degree and de- The Congress shall have power ‘‘to the government to comply with the tail of its support,’’ Henkin, Foreign make all laws which shall be necessary same.’’ Spaulding v. Douglas Aircraft Affairs and the Constitution 79 (1972), and proper for carrying into execution Co., 60 F. Supp. at 986. and ‘‘it is the plain duty of the execu- the foregoing powers, and all other Mr. President, the Dole Resolution tive branch of the government to com- powers vested by this Constitution in does not provide the appropriations ply with the same.’’ Spaulding v. Doug- the government of the United States, needed to carry out the Bosnia oper- las Aircraft Co., 60 F. Supp. at 986. or in any department or officer there- ation. This is a policy resolution. That Mr. President, I shall enumerate the of.’’ was also the case when we authorized defense and war powers set forth in the If Congress is to have the sole au- thority ‘‘to declare war,’’ as the Con- President Bush to make war against Constitution, as bearing on the Presi- stitution clearly states, then are we to Iraq in Desert Storm. In that case, the dent as Commander in Chief, as com- suppose that, in any military action appropriations were provided later. In pared with those that are directed to short of a declaration of war, the au- the same way, the Congress will have the legislative branch. thority reposed in the Congress by the to approve appropriations for the Section 2 of Article 2 states: ‘‘The Constitution to declare war is shifted Bosnia operation in the near future. President shall be Commander in Chief I hasten to point out, Mr. President, to another department? Are we to as- of the Army and Navy of the United sume that any action short of a dec- that the power of the purse is our ulti- States, and of the Militia of the several mate hammer, and one which is always laration of war, shifts the authority states, when called in to the actual from the Congress to the Executive? To available, to terminate the operation. Service of the United States.’’ If it turns out that the parties to this so suppose, strains credulity to the Section 3 of Article 2 states, ‘‘. . . He breaking point. I prefer to suppose that piece of geography fail to live up to shall take care that the laws be faith- their pledge to keep the peace and to the Framers, being unable to foresee fully executed, and shall commission the various degrees of military action provide for the security of our forces, all the officers of the United States.’’ short of that which would be taken and the agreement fails, the Congress I find nothing else in the Constitu- under a declaration of war, and, there- can take swift action to terminate our tion that would indicate any additional fore, they did not attempt to go into involvement. We have exercised the authority or power given to the Presi- any detail beyond that which would ob- power of the purse recently to termi- dent with respect to the armed forces. tain in the event of all out war. Obvi- nate operations and limit them. This On the other hand, there is much lan- ously, the President has the inherent was the case in both Somalia and guage in the Constitution with respect power and authority to take action to Rwanda. So, while I support this Reso- to the authority and power of the legis- repeal an invasion, or a sudden and un- lution and believe it is appropriate and lative branch anent the military. For anticipated attack on the United timely, I would certainly not hesitate example: States or its military forces. In such to participate in an effort to end the Clause 1, Section 8, Article 1: ‘‘The instances, the President would have no operation and bring our forces home if Congress shall have power to . . . pro- alternative but to exercise such au- the parties will not allow it to work. vide for the common defense . . . of the thority, there being no time to consult Although Congress is enacting laws United States; . . .’’ with or to secure authorization from has to scrupulously avoid even inciden- Clause 10, Section 8, Article 1 states: the Congress, which might not even be tal, adverse effects on fully autono- The Congress shall have power ‘‘to de- in session at that moment. It seems mous presidential powers (e.g., the par- fine and punish Piracies and Felonies logical however, to believe that the doning power, Ex parte Garland, 71 U.S. committed on the high Seas, and specific power to declare war—that 333 (1867), it is under no similar con- Offences against the Law of Nations;’’ being the ultimate circumstance—and straints in other areas. The fact that in Clause 11, Section 8, Article 1: The such declaration having been invested the exercise of an acknowledged power, Congress shall have power ‘‘to declare in the legislative branch, anything such as powers to fund or to regulate war, grant letters of Marque and Re- short of the ultimate circumstance, the Armed Forces of the United States, prisal, and make rules concerning cap- anything short of the declaration of the Congress may incidentally impinge tures on land and water;’’ war, the responsibility and authority upon presidential authority as Com- Under Clause 12, Section 8, Article 1, for committing the armed forces of the mander in Chief does not render that the Congress shall have power ‘‘to raise United States in an offensive action, exercise a violation of the separation and support Armies, but no appropria- the authority would remain vested in of powers. ‘‘There are indications that tion of money to that use shall be the legislative branch. In other words, the Constitution did not contemplate made for a longer term than two the lone authority to declare war being that the title Commander in Chief of years;’’ vested in the legislative branch, any- the Army and Navy will constitute him Clause 13, Section 8, Article 1 states: thing less than a declaration of war also Commander in Chief of the Coun- The Congress shall have power ‘‘to pro- would seem to be reposed for its au- try, its industries and its inhabitants. vide and maintain a navy;’’ thority in the same source, namely, He has no monopoly of ‘war powers,’ Clause 14, Section 8, Article 1 states: the Congress. It strains imagination to whatever they are. While Congress can- The Congress shall have power ‘‘to the utmost to believe that the author- not deprive the President of the com- make Rules for the government and ity to commit the military forces of mand of the army and navy, only Con- regulation of the land and naval the nation in an all out war, shifts gress can provide him an army and forces;’’ elsewhere when the military forces of navy to command. It is also empowered Clause 15, Section 8, Article 1 pro- the nation are to be committed to a to make rules for the ‘Government and vides that: The Congress shall have lesser action by the military forces Regulation of land and naval Forces,’ power ‘‘to provide for calling forth the than that of all out war. The authority by which it may to some unknown ex- militia to execute the laws of the to go to the ultimate limit would seem tent impinge upon even command func- union, suppress insurrections and repel to carry with it the authority to ex- tions.’’ Youngstown Co. v. Sawyer, 343 invasions;’’ tend the military action to something U.S. at 643–644 (concurring opinion.) Clause 16, Section 8, Article 1 states: less than the all out or ultimate action ‘‘The Constitution does not subject The Congress shall have power ‘‘to pro- of declared war. S 18512 CONGRESSIONAL RECORD — SENATE December 13, 1995 I close by thanking the majority the United States has made a commitment (2) an integral part of the successful ac- leader for his leadership and for his to ensure that the Federation of Bosnia and complishment of the U.S. objective in Bosnia statesmanship in taking the position Herzegovina is armed and trained to provide and Herzegovina in deploying and withdraw- he is taking in introducing the resolu- for its own defense, and that commitment ing United States Armed Forces is the estab- should be honored; lishment of a military balance which enables tion that we are going to vote on. Whereas the mission of the NATO Imple- the Federation of Bosnia and Herzegovina to Mr. President, I urge that the Senate mentation Force is to create a secure envi- provide for its own defense without depend- vote down the resolution offered by the ronment to provide Bosnia and Herzegovina ing on U.S. or other outside forces; and distinguished Senator from Texas and an opportunity to begin to establish a dura- (3) the United States will lead an imme- the Senator from Oklahoma, Mr. ble peace, which requires the Federation of diate international effort, separate and apart INHOFE, and others, and that the Sen- Bosnia and Herzegovina to be able to provide from the NATO Implementation Force and ate vote to approve the resolution of- for its own defense; consistent with United Nations Security Whereas the objective of the United States Council Resolution 1021 and the General fered by Mr. DOLE and Mr. MCCAIN. Mr. President, I ask unanimous con- in deploying United States Armed Forces to Framework Agreement and Associated An- Bosnia and Herzegovina can only be success- nexes, to provide equipment, arms, training sent to have printed in the RECORD the ful if the Federation of Bosnia and and related logistics assistance of the high- resolutions on which we will vote Herzegovina is armed and trained to provide est possible quality to ensure the Federation today in the order in which we will for its own defense after the withdrawal of of Bosnia and Herzegovina can provide for its vote. the NATO Implementation Force and the own defense, including, as necessary, using There being no objection, the items United States Armed Forces; and existing military drawdown authorities and were ordered to be printed in the Whereas in deciding to participate in im- requesting such additional authority as may RECORD, as follows: plementation of the General Framework be necessary. Agreement in Bosnia and Herzegovina, Presi- S. CON. RES. — SEC. 3. REPORT ON EFFORTS TO ENABLE THE dent Clinton has cited American interests in- FEDERATION OF BOSNIA AND (Purpose: To Oppose President Clinton’s cluding maintaining its leadership in NATO, HERZEGOVINA TO PROVIDE FOR ITS planned deployment of US ground forces to preventing the spread of the conflict, stop- OWN DEFENSE. Bosnia) ping the tragic loss of life, and fulfilling Within 30 days after enactment, the Presi- Resolved by the Senate and House of Rep- American commitments; dent shall submit a detailed report on his resentatives of the United States of America in Whereas on December 3, 1995, President plan to assist the Federation of Bosnia to Congress assembled, Clinton approved Operation Joint Endeavor provide for its own defense, including the Section 1. That the Congress opposes Presi- and deployment of United States Armed role of the United States and other countries dent Clinton’s decision to deploy United Forces to Bosnia and Herzegovina began im- in providing such assistance. Such report States ground forces into the Republic of mediately thereafter: Now therefore be it shall include an evaluation of the defense Bosnia and Herzegovina to implement the Resolved by the Senate and the House of Rep- needs of the Federation of Bosnia and General Framework Agreement for Peace in resentatives of the United States of America in Herzegovina, including, to the maximum ex- Bosnia and Herzegovina and its associated Congress assembled, tent possible: annexes. SECTION 1. SUPPORT FOR UNITED STATES (a) the types and quantities of arms, spare Section 2. That the Congress strongly sup- ARMED FORCES. parts, and logistics support required to es- ports the US Armed Forces who may be or- The Congress unequivocally supports the tablish a stable military balance prior to the dered by the President to implement the men and women of our Armed Forces who withdrawal of United States Armed Forces; General Framework Agreement for Peace in are carrying out their missions in support of (b) the nature and scope of training to be Bosnia and Herzegovina and its associated peace in Bosnia and Herzegovina with profes- provided; annexes. sional excellence, dedicated patriotism and (c) a detailed description of the past, exemplary bravery, and believes they must present and future U.S. role in ensuring that S.J. RES. — be given all necessary resources and support the Federation of Bosnia and Herzegovina is Whereas beginning on February 24, 1993, to carry out their mission and ensure their provided as rapidly as possible with equip- President Clinton committed the United security. ment, training, arms and related logistic as- States to participate in implementing a sistance of the highest possible quality; SEC. 2. DEPLOYMENT OF UNITED STATES ARMED peace agreement in Bosnia and Herzegovina FORCES. (d) administration plans to use existing without prior consultation with Congress; (a) Notwithstanding reservations expressed military drawdown authority, and other as- Whereas the Republic of Bosnia and about President Clinton’s decision to deploy sistance authorities pursuant to section Herzegovina has been unjustly denied the United States Armed Forces to Bosnia and 2(b)(3); and means to defend itself through the imposi- Herzegovina and recognizing that: (e) specific or anticipated commitments by tion of a United Nations arms embargo; (1) the President has decided to deploy third countries to provide arms, equipment Whereas the United Nations Charter re- United States Armed Forces to implement or training to the Federation of Bosnia and states the ‘‘the inherent right of individual the General Framework Agreement in Oper- Herzegovina. and collective self-defense,’’ a right denied ation Joint Endeavor citing American inter- The report shall be submitted in unclassi- the Republic of Bosnia and Herzegovina ests in preventing the spread of conflict, fied form, but may contain a classified whose population has further suffered egre- maintaining its leadership in NATO, stop- annex. gious violations of the international law of ping the tragic loss of life, and fulfilling SEC. 4. REPORTS TO CONGRESS ON MILITARY AS- war including ethnic cleansing by Serbian American commitments; PECTS OF IMPLEMENTATION OF aggressors, and the Convention on Preven- THE GENERAL FRAMEWORK AGREE- (2) the deployment of United States Armed tion and Punishment of the Crime of Geno- MENT. Forces has begun; and cide, to which the United States Senate gave (a) Thirty days after enactment, and at (3) preserving United States credibility is a its advice and consent in 1986; least once every 60 days thereafter, the strategic interest, Whereas the United States Congress has President shall submit to the Congress a re- repeatedly voted to end the United States the President may only fulfill his commit- port on the status of the deployment of Unit- participation in the international arms em- ment to deploy United States Armed Forces ed States Armed Forces in Bosnia and bargo on the Republic of Bosnia and in Bosnia and Herzegovina for approximately Herzegovina, including a detailed description Herzegovina as the best way to achieve a one year to implement the General Frame- of: military balance and a just and stable peace work Agreement and Military Annex, pursu- (1) criteria for determining success for the without the deployment of United States ant to this Resolution, subject to the condi- deployment; Armed Forces in Bosnia and Herzegovina; tions in subsection (b). (2) the military mission and objectives; Whereas the Republic of Bosnia and (b) REQUIREMENT FOR DETERMINATION.—Be- (3) milestone for measuring progress in Herzegovina, the Republic of Croatia, and fore acting pursuant to this Resolution, the achieving the mission and objectives; the Federal Republic of Yugoslavia initialed President shall make available to the Speak- (4) command arrangements for United the General Framework Agreement and As- er of the House of Representatives and the State Armed Forces; sociated Annexes on November 21, 1995 in President pro tempore of the Senate, his de- (5) the rules of engagement for United Dayton, Ohio, after repeated assurances that termination that— States Armed Forces; the United States would send troops to assist (1) the mission of the NATO Implementa- (6) the multilateral composition of forces in implementing that agreement; tion Force and United States Armed Forces in Bosnia and Herzegovina; Whereas three dedicated American dip- deployed in Bosnia and Herzegovina will be (7) the status of compliance by all parties lomats—Bob Frasure, Joe Kruzel, and Nelson limited to implementation of the military with the General Framework Agreement and Drew—lost their lives in the American-led provisions of the Military Annex to the Gen- associated Annexes, including Article III of diplomatic effort which culminated in the eral Framework Agreement and measures Annex 1–A concerning the withdrawal of for- General Framework Agreement; deemed necessary to protect the safety of eign forces from Bosnia and Herzegovina; Whereas as part of the negotiations which the NATO Implementation Force and United (8) all incremental costs of the Department led to the General Framework Agreement, States Armed Forces; of Defense and any costs incurred by other December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18513 federal agencies, for the deployment of Unit- (5) implementation of Article XIII of 7 minutes; Senator GRAHAM, 7 minutes; ed States Armed Forces in Bosnia and Annex 6 concerning cooperation with the Senator MOSELEY-BRAUN, 5 minutes; Herzegovina, including support for the NATO International Tribunal for the Former Yugo- Senator KERRY, 10 minutes, and Sen- Implementation Force; slavia and other appropriate organizations in ator DASCHLE, 10 minutes. (9) the exit strategy to provide for com- the investigation and prosecution of war plete withdrawal of United States Armed crimes and other violations of international The PRESIDING OFFICER. Without Forces in the NATO Implementation Force, humanitarian law; objection, it is so ordered. including an estimated date of completion; (b) the status of coordination between the Mrs. HUTCHISON. Madam President, and High Representative and the Implementation (10) a description of progress toward ena- I ask unanimous consent that at the Force Commander; hour of 10:15 this evening, the Senate bling the Federation of Bosnia and (c) the status of plans and preparation for Herzegovina to provide for its own defense. the continuation of civilian activities after proceed to the final vote on the pend- (b) Such reports shall include a description the withdrawal of the Implementation Force; ing Hutchison-Inhofe concurrent reso- of any changes in the areas listed in (a) (d) all costs incurred by all U.S. govern- lution without further action or de- through (a)(10) since the previous report, if ment agencies for reconstruction, refugee, bate, and immediately following the applicable, and shall be submitted in unclas- humanitarian, and all other non-military bi- vote, the Senate proceed to the final sified form, buy may contain a classified lateral and multilateral assistance in Bosnia annex. vote on the Dole-McCain joint resolu- and Herzegovina; and tion on Bosnia, with the time between SEC. 5. REPORTS TO CONGRESS ON NON-MILI- (e) U.S. and international diplomatic ef- TARY ASPECTS OF IMPLEMENTA- forts to contain and end conflict in the now and 10:15 p.m. this evening to be TION OF THE GENERAL FRAME- former Yugoslavia, including efforts to re- equally divided between the two lead- WORK AGREEMENT. ers or their designees. Thirty days after enactment, and at least solve the status of Kosova and halt viola- once every 60 days thereafter, the President tions of internationally-recognized human The PRESIDING OFFICER. Without shall submit to the Congress a report on: rights of its majority Albanian population. objection, it is so ordered. (a) the status of implementation of non- Such reports shall be submitted in unclas- sified form, but may contain a classified Mrs. HUTCHISON. I further ask that military aspects of the General Framework the Senate resume the Bosnia debate, Agreement and Associated annexes, espe- annex. and it be in order for the leader to offer cially Annex 10 on Civilian Implementation, UNANIMOUS-CONSENT AGREEMENT his joint resolution at a later time. and of efforts, which are separate from the Mr. BYRD. Mr. President, I have Implementation Force, by the United States been asked by the leader to make the The PRESIDING OFFICER. Without and other countries to support implementa- following request: objection, it is so ordered. tion of the non-military aspects. Such report Mrs. HUTCHISON. Once again, shall include a detailed description of: I ask unanimous consent that the (1) progress toward conducting of elections; time on our side of the aisle be divided Madam President, I thank all Senators (2) the status of return of refugees and dis- as follows, in the following order: for allowing us to do this so that every placed persons; Senator WELLSTONE, 7 minutes; Sen- Member of the Senate who might be (3) humanitarian and reconstruction ef- ator MURRAY, 9 minutes; Senator looking for a timetable would know forts; that the votes do start at 10:15, and (4) police training and related civilian se- LEAHY, 7 minutes; Senator SIMON, 7 curity efforts, including the status of imple- minutes; Senator BRADLEY, 10 minutes; that the time between now and then mentation of Annex 11 regarding an inter- Senator SARBANES, 5 minutes; Senator will be equally divided. national police task force; and DODD, 7 minutes; Senator LAUTENBERG, I yield the floor.

N O T I C E Incomplete record of Senate proceedings. Except for concluding business which follows, today’s Senate proceedings will be continued in the next issue of the Record.

ORDERS FOR THURSDAY, limit. However, all time is not ex- NOMINATIONS DECEMBER 14, 1995 pected to be used, and a vote is ex- Executive nominations received by Mr. BROWN. Madam President, I ask pected on adoption of the conference the Senate December 13, 1995: unanimous consent that when the Sen- report. ate completes its business today it The Senate could be asked to con- DEPARTMENT OF STATE stand in adjournment until the hour of sider other appropriations matters dur- TOM LANTOS, OF CALIFORNIA, TO BE A REPRESENTA- 9:30 a.m. on Thursday, December 14, TIVE OF THE UNITED STATES OF AMERICA TO THE FIF- ing tomorrow’s session, and the Senate TIETH SESSION OF THE GENERAL ASSEMBLY OF THE that following the prayer, the Journal may also turn to the State Department of proceedings be deemed approved to UNITED NATIONS. reorganization bill. TOBY ROTH, OF WISCONSIN, TO BE A REPRESENTATIVE date, no resolutions come over under OF THE UNITED STATES OF AMERICA TO THE FIFTIETH the rule, the call of the calendar be dis- Therefore, additional votes can also SESSION OF THE GENERAL ASSEMBLY OF THE UNITED pensed with, the morning hour be be expected. NATIONS. deemed to have expired, the time for f the two leaders be reserved for their THE JUDICIARY use later in the day, there then be a pe- ADJOURNMENT UNTIL 9:30 A.M. GARY A. FENNER, OF MISSOURI, TO BE U.S. DISTRICT riod for morning business until the TOMORROW JUDGE FOR THE WESTERN DISTRICT OF MISSOURI VICE hour of 10:30, with Senators permitted Mr. BROWN. Madam President, if SCOTT O. WRIGHT, RETIRED. to speak for up to 5 minutes each, with there is no further business to come be- f the following exceptions: Senator MUR- fore the Senate— WITHDRAWALS KOWSKI for 15 minutes; Senator JEF- Mr. FORD. I thought we might get a Executive messages transmitted by FORDS for 15 minutes; Senator clean CR until January 20, and we the President to the Senate on Decem- WELLSTONE, or his designee, for 30 min- could work out something with the bal- ber 13, 1995, withdrawing from further utes; and, I further ask that at the anced budget amendment. hour of 10:30 the Senate turn to the In- Senate consideration the following terior appropriations conference report Mr. BROWN. If we can join the two, nominations: I am sure we can get that done tonight. under the previous unanimous consent. DEPARTMENT OF STATE The PRESIDING OFFICER. Without (Laughter.) Mr. BROWN. Madam President, I now TOM LANTOS, OF CALIFORNIA, TO BE AN ALTERNATE objection, it is so ordered. REPRESENTATIVE OF THE UNITED STATES OF AMERICA f ask that the Senate stand in adjourn- TO THE FIFTIETH SESSION OF THE GENERAL ASSEMBLY ment under the previous order. OF THE UNITED NATIONS WHICH WAS SENT TO THE SEN- PROGRAM There being no objection, the Senate, ATE ON DECEMBER 11, 1995. Mr. BROWN. Madam President, for TOBY ROTH, OF WISCONSIN, TO BE AN ALTERNATE REP- the information of all Senators, the at 11:19 p.m., adjourned until Thursday, RESENTATIVE OF THE UNITED STATES OF AMERICA TO December 14, 1995, at 9:30 a.m. THE FIFTIETH SESSION OF THE GENERAL ASSEMBLY OF Senate will begin debate on the Inte- THE UNITED NATIONS WHICH WAS SENT TO THE SENATE rior appropriations conference report ON DECEMBER 11, 1995. at 10:30 a.m. There is a 6-hour time