Text: H.R.3518 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 3518 IH
102d CONGRESS
1st Session
 H. R. 3518
To restrict United States assistance for Serbia or any part of Yugoslavia
controlled by Serbia until certain conditions are met, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
October 8, 1991
Mr. LANTOS (for himself, Mr. BONIOR, Mr. BROOMFIELD, Mr. GILMAN, Mr. SMITH
of New Jersey, Mr. SWETT, Mr. KOLTER, and Mr. SENSENBRENNER) submitted the
following bill; which was referred jointly to the Committees on Foreign
Affairs, Banking, Finance and Urban Affairs, Ways and Means, and Public
Works and Transportation
A BILL
To restrict United States assistance for Serbia or any part of Yugoslavia
controlled by Serbia until certain conditions are met, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. CONGRESSIONAL FINDINGS.
  The Congress makes the following findings:
  (1) In 1990, the republics of Croatia, Slovenia, Macedonia, and
  Bosnia-Hercegovina held free and fair elections.
  (2) In 1990, the republics of Serbia and Montenegro held elections which
  were not free and fair.
  (3) 2 million Albanians in the province of Kosovo have been living for
  more than two and one-half years under a Serbian-imposed martial law. The
  repressive measures instituted against Albanians in the province of Kosovo
  include thousands of political arrests, tens of thousands of politically
  motivated job dismissals, and widespread police violence against ethnic
  Albanians. The violence includes the excessive use of force by police to
  disperse peaceful demonstrations and random and unprovoked shootings by
  police that have resulted in at least 30 deaths and hundreds of injuries.
  (4) Since the Declaration of Independence by the Republic of Slovenia on
  June 25, 1991, more than 100 people have been killed, including civilians,
  by the Serbian-controlled Yugoslav federal army.
  (5) Since the Declaration of Independence by the Republic of Croatia
  on June 25, 1991, more than 500 people have been killed, including many
  innocent civilians, by the Serbian-controlled Yugoslav federal army and
  Serbian guerrillas.
  (6) The Serbian-controlled Yugoslav federal army is actively using both
  ground and air forces in Croatia to attack the citizens that they are
  constitutionally bound to protect.
  (7) Ethnic Hungarians in the province of Vojvodina have suffered egregious
  human rights violations.
  (8) According to an August 31, 1991 Helsinki Watch report, more than
  100,000 persons have been displaced by the fighting in Yugoslavia.
  (9) Nine journalists have been killed and dozens attacked in Croatia by
  the Yugoslav federal army and Serbian guerrillas.
  (10) According to the August 31, 1991 Helsinki Watch report, prisoners in
  Serbian and Croatian jails have experienced physical beatings and, in the
  case of Serbian jails, prisoners have been the victims of other abuses,
  including electric shock.
  (11) The Serbian-controlled Yugoslav army's invasion into Croatia constitutes
  an illegal effort to alter the borders of Yugoslavia by force.
  (12) The leaders of the Serbian republic and the Serbian-controlled Yugoslav
  army are pressing an unacceptable agenda in an effort to hold onto power
  and privilege.
  (13) Continued violence and unrest in Yugoslavia will jeopardize the
  stability and security of central Europe.
  (14) The majority of citizens in Yugoslavia want peace with
  self-determination and human rights.
  (15) The United States should advance the principles of peace, democracy,
  human rights, self-determination, respect for existing borders, and respect
  for international law.
SEC. 2. RESTRICTION ON ASSISTANCE FOR SERBIA.
  (a) RESTRICTION ON ASSISTANCE- Unless the conditions of section 6(b) are
  certified to have been met, no United States assistance (including funds
  appropriated before the date of enactment of this Act) may be furnished
  for Serbia or for any part of Yugoslavia controlled by Serbia.
  (b) DEFINITION- For the purposes of this section, the term `United States
  assistance' means assistance of any kind which is provided by grant, sale,
  loan, lease, credit, guaranty, or insurance, or by any other means, by any
  agency or instrumentality of the United States Government to any foreign
  country, including--
  (1) assistance under the Foreign Assistance Act of 1961 (including programs
  under title IV of chapter 2 of part I of such Act);
  (2) sales, credits, and guaranties under the Arms Export Control Act;
  (3) sales under title I or III and donations under title II of the
  Agricultural Trade Development and Assistance Act of 1954 of nonfood
  commodities;
  (4) other financing programs of the Commodity Credit Corporation for export
  sales of nonfood commodities; and
  (5) financing under the Export-Import Bank Act of 1945.
SEC. 3. SUSPENSION OF MULTINATIONAL ASSISTANCE.
  Unless the conditions of section 6(b) are certified to have been met,
  the Secretary of the Treasury shall instruct the United States executive
  directors of the International Monetary Fund, the International Bank
  for Reconstruction and Development, and the International Development
  Association to vote against any loan or other utilization of the funds of
  their respective institutions to or for Serbia or any part of Yugoslavia
  controlled by Serbia.
SEC. 4. SUSPENSION OF AIR TRAVEL.
  (a) IN GENERAL- Unless the conditions of section 6(a) are certified to
  have been met--
  (1) the President shall direct the Secretary of Transportation to revoke
  the right of any air carrier designated by the Government of Yugoslavia
  under the air transportation agreement between the United States and that
  country to provide service to Serbia or any part of Yugoslavia controlled
  by Serbia pursuant to that agreement;
  (2) the Secretary of State shall terminate so much of that agreement
  as relates to Serbia or territory in Yugoslavia controlled by Serbia in
  accordance with the provisions of that agreement;
  (3) upon termination of those provisions, the Secretary of Transportation
  shall prohibit any aircraft of a foreign air carrier owned, directly or
  indirectly, by Serbia from engaging in air transportation with respect to
  the United States; and
  (4) the Secretary of Transportation shall provide for such exceptions from
  the prohibition contained in paragraph (3) as the Secretary considers
  necessary to provide for emergencies in which the safety of an aircraft
  or its crew or passengers is threatened.
  (b) DEFINITION- For purposes of this section, the terms `aircraft', `air
  transportation', and `foreign air carrier' have meanings given those terms
  in section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301).
SEC. 5. TRADE EMBARGO.
  Notwithstanding any other provision of law, unless the conditions of
  section 6(a) are certified to have been met--
  (1) the export to Serbia (or any part of Yugoslavia controlled by Serbia)
  of any goods or technology subject to the jurisdiction of the United States
  or exported by any person subject to the jurisdiction of the United States
  is hereby prohibited; and
  (2) no product, growth, or manufacture of Serbia (or of any part of
  Yugoslavia controlled by Serbia) may enter the customs territory of the
  United States.
SEC. 6. CONDITIONS.
  (a) CONDITIONS ON AIR TRAVEL AND TRADE- The conditions referred to in
  sections 4 and 5 are--
  (1) that Serbia has ceased its armed conflict with the other ethnic peoples
  of Yugoslavia; and
  (2) that Serbia has agreed to respect the internal borders established
  under the 1974 Yugoslav Federal Constitution.
  (b) CONDITIONS ON ASSISTANCE- The conditions referred to in sections 2
  and 3 are as follows:
  (1) that Serbia has ceased its armed conflict with the other ethnic peoples
  of Yugoslavia;
  (2) that Serbia has agreed to respect the internal borders established
  under the 1974 Yugoslav Federal Constitution;
  (3) that Serbia has held free and fair multiparty elections;
  (4) that Serbia is not engaged in a pattern of systematic violations of
  human rights, within the borders of Yugoslavia;
  (5) that Serbia is instituting economic reform, based on progress toward
  a market-oriented economy; and
  (6) that Serbia has demonstrated a willingness to build a friendly
  relationship with the United States.
  (c) CERTIFICATION REQUIRED- Whenever the President determines that the
  conditions of subsection (a) or (b) have been met, he shall so certify to
  the Congress.