
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC1928]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                   CHAPTER 24--MUTUAL SECURITY PROGRAM
 
                   SUBCHAPTER III--ECONOMIC ASSISTANCE
 
              Part D--Special Assistance and Other Programs
 
Sec. 1928. North Atlantic Treaty Organization


(a) Authorization for expenses

    In order to provide for United States participation in the North 
Atlantic Treaty Organization, there is authorized to be appropriated 
such amounts as may be necessary from time to time for the payment by 
the United States of its share of the expenses of the Organization and 
all necessary salaries and expenses of the United States permanent 
representative to the Organization, of such persons as may be appointed 
to represent the United States in the subsidiary bodies of the 
Organization or in any multilateral organization which participates in 
achieving the aims of the North Atlantic Treaty, and of their 
appropriate staffs, and the expenses of participation in meetings of 
such organizations, including salaries, expenses, and allowances of 
personnel and dependents as authorized by the Foreign Service Act of 
1980 [22 U.S.C. 3901 et seq.], and allowances and expenses as provided 
in section 287r of this title.

(b) Appointment of personal representative

    The United States permanent representative to the North Atlantic 
Treaty Organization shall be appointed by the President by and with the 
advice and consent of the Senate and shall hold office at the pleasure 
of the President. Such representative shall have the rank and status of 
ambassador extraordinary and plenipotentiary and shall be a chief of 
mission under the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.].

(c) Duration of staff service

    Persons detailed to the international staff of the North Atlantic 
Treaty Organization in accordance with section 2388 of this title who 
are members of the Foreign Service serving under limited appointments 
may serve for periods of more than five years notwithstanding the 
limitation in section 309 of the Foreign Service Act of 1980 [22 U.S.C. 
3949].

(Aug. 26, 1954, ch. 937, title IV, Sec. 408, 68 Stat. 845; Pub. L. 85-
141, Sec. 8(h), Aug. 14, 1957, 71 Stat. 361; Pub. L. 86-108, ch. II, 
Sec. 205(h), July 24, 1959, 73 Stat. 250; Pub. L. 96-465, title II, 
Sec. 2206(a)(6), Oct. 17, 1980, 94 Stat. 2161.)

                       References in Text

    The Foreign Service Act of 1980, referred to in subsecs. (a) and 
(b), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which 
is classified principally to chapter 52 (Sec. 3901 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 3901 of this title and Tables.


                               Amendments

    1980--Subsec. (a). Pub. L. 96-465, Sec. 2206(a)(6)(A), substituted 
``Foreign Service Act of 1980'' for ``Foreign Service Act of 1946, as 
amended (22 U.S.C. 801),''.
    Subsec. (b). Pub. L. 96-465, Sec. 2206(a)(6)(B), substituted ``chief 
of mission under the Foreign Service Act of 1980'' for ``chief of 
mission, class 1, within the meaning of the Foreign Service Act of 1946, 
as amended (22 U.S.C. 801)''.
    Subsec. (c). Pub. L. 96-465, Sec. 2206(a)(6)(C), among other 
changes, substituted references to sections 2388 and 3949 of this title 
for references to sections 1789 and 922 of this title, respectively, and 
reference to members of the Foreign Service for reference to Foreign 
Service Reserve officers.
    1959--Subsec. (c). Pub. L. 86-108 substituted ``five years'' for 
``four years''.
    1957--Subsec. (a). Pub. L. 85-141 struck out provisions authorizing 
appropriations of not more than $3,200,000 for the fiscal year 1955.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as 
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an 
Effective Date note under section 3901 of this title.


                          Annual Appropriations

    Annual appropriations to meet the obligations of membership in 
various international organizations were contained in acts listed in a 
note set out under section 269a of this title.


           Reports on Burdensharing of Future NATO Operations

    Pub. L. 106-398, Sec. 1 [[div. A], title XII, Sec. 1221(b)-(d)], 
Oct. 30, 2000, 114 Stat. 1654, 1654A-328, provided that:
    ``(b) Report on Burdensharing of Future NATO Operations.--Whenever 
the North Atlantic Treaty Organization undertakes a military operation, 
the Secretary of Defense shall submit to the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the House of 
Representatives a report describing--
        ``(1) the contributions to that operation made by each of the 
    member nations of the North Atlantic Treaty Organization during that 
    operation; and
        ``(2) the contributions that each of the member nations of the 
    North Atlantic Treaty Organization are making or have pledged to 
    make during any follow-on operation.
    ``(c) Time for Submission of Report.--A report under subsection (b) 
shall be submitted not later than 90 days after the completion of the 
military operation.
    ``(d) Applicability.--Subsection (b) shall apply only with respect 
to military operations begun after the date of the enactment of this Act 
[Oct. 30, 2000].''


                            European Security

    Pub. L. 105-277, div. G, subdiv. B, title XXVII, Oct. 21, 1998, 112 
Stat. 2681-839, as amended by Pub. L. 106-113, div. B, Sec. 1000(a)(7) 
[div. A, title II, Sec. 209(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A-
423, provided that:
``SEC. 2701. SHORT TITLE.
    ``This title may be cited as the `European Security Act of 1998'.
``SEC. 2702. STATEMENT OF POLICY.
    ``(a) Policy With Respect to NATO Enlargement.--Congress urges the 
President to outline a clear and complete strategic rationale for the 
enlargement of the North Atlantic Treaty Organization (NATO), and 
declares that--
        ``(1) Poland, Hungary, and the Czech Republic should not be the 
    last emerging democracies in Central and Eastern Europe invited to 
    join NATO;
        ``(2) the United States should ensure that NATO continues a 
    process whereby all other emerging democracies in Central and 
    Eastern Europe that wish to join NATO will be considered for 
    membership in NATO as soon as they meet the criteria for such 
    membership;
        ``(3) the United States should ensure that no limitations are 
    placed on the numbers of NATO troops or types of equipment, 
    including tactical nuclear weapons, to be deployed on the territory 
    of new member states;
        ``(4) the United States should reject all efforts to condition 
    NATO decisions on review or approval by the United Nations Security 
    Council;
        ``(5) the United States should clearly delineate those NATO 
    deliberations, including but not limited to discussions on arms 
    control, further Alliance enlargement, procurement matters, and 
    strategic doctrine, that are not subject to review or discussion in 
    the NATO-Russia Permanent Joint Council;
        ``(6) the United States should work to ensure that countries 
    invited to join the Alliance are provided an immediate seat in NATO 
    discussions; and
        ``(7) the United States already pays more than a proportionate 
    share of the costs of the common defense of Europe and should 
    obtain, in advance, agreement on an equitable distribution of the 
    cost of NATO enlargement to ensure that the United States does not 
    continue to bear a disproportionate burden.
    ``(b) Policy With Respect to Negotiations With Russia.--
        ``(1) Implementation.--NATO enlargement should be carried out in 
    such a manner as to underscore the Alliance's defensive nature and 
    demonstrate to Russia that NATO enlargement will enhance the 
    security of all countries in Europe, including Russia. Accordingly, 
    the United States and its NATO allies should make this intention 
    clear in negotiations with Russia, including negotiations regarding 
    adaptation of the Conventional Armed Forces in Europe (CFE) Treaty 
    of November 19, 1990.
        ``(2) Limitations on commitments to russia.--In seeking to 
    demonstrate to Russia NATO's defensive and security-enhancing 
    intentions, it is essential that neither fundamental United States 
    security interests in Europe nor the effectiveness and flexibility 
    of NATO as a defensive alliance be jeopardized. In particular, no 
    commitments should be made to Russia that would have the effect of--
            ``(A) extending rights or imposing responsibilities on new 
        NATO members different from those applicable to current NATO 
        members, including rights or responsibilities with respect to 
        the deployment of nuclear weapons and the stationing of troops 
        and equipment from other NATO members;
            ``(B) limiting the ability of NATO to defend the territory 
        of new NATO members by, for example, restricting the 
        construction of defense infrastructure or limiting the ability 
        of NATO to deploy necessary reinforcements;
            ``(C) providing any international organization, or any 
        country that is not a member of NATO, with authority to delay, 
        veto, or otherwise impede deliberations and decisions of the 
        North Atlantic Council or the implementation of such decisions, 
        including deliberations and decisions with respect to the 
        deployment of NATO forces or the admission of additional members 
        to NATO;
            ``(D) impeding the development of enhanced relations between 
        NATO and other European countries that do not belong to the 
        Alliance;
            ``(E) establishing a nuclear weapons-free zone in Central or 
        Eastern Europe;
            ``(F) requiring NATO to subsidize Russian arms sales, 
        service, or support to the militaries of those former Warsaw 
        Pact countries invited to join the Alliance; or
            ``(G) legitimizing Russian efforts to link concessions in 
        arms control negotiations to NATO enlargement.
        ``(3) Commitments from russia.--In order to enhance security and 
    stability in Europe, the United States should seek commitments from 
    Russia--
            ``(A) to demarcate and respect all its borders with 
        neighboring states;
            ``(B) to achieve the immediate and complete withdrawal of 
        any armed forces and military equipment under the control of 
        Russia that are deployed on the territories of the independent 
        states of the former Soviet Union without the full and complete 
        agreement of those states;
            ``(C) to station its armed forces on the territory of other 
        states only with the full and complete agreement of that state 
        and in strict accordance with international law; and
            ``(D) to take steps to reduce further its nuclear and 
        conventional forces in Kaliningrad.
        ``(4) Consultations.--As negotiations on adaptation of the 
    Treaty on Conventional Armed Forces in Europe proceed, the United 
    States should engage in close and continuous consultations not only 
    with its NATO allies, but also with the emerging democracies of 
    Central and Eastern Europe, Ukraine, and the South Caucasus.
    ``(c) Policy With Respect to Ballistic Missile Defense 
Cooperation.--
        ``(1) In general.--As the United States proceeds with efforts to 
    develop defenses against ballistic missile attack, it should seek to 
    foster a climate of cooperation with Russia on matters related to 
    missile defense. In particular, the United States and its NATO 
    allies should seek to cooperate with Russia in such areas as early 
    warning.
        ``(2) Discussions with nato allies.--The United States should 
    initiate discussions with its NATO allies for the purpose of 
    examining the feasibility of deploying a ballistic missile defense 
    capable of protecting NATO's southern and eastern flanks from a 
    limited ballistic missile attack.
        ``(3) Constitutional prerogatives.--Even as the Congress seeks 
    to promote ballistic missile defense cooperation with Russia, it 
    must insist on its constitutional prerogatives regarding 
    consideration of arms control agreements with Russia that bear on 
    ballistic missile defense.
``SEC. 2703. AUTHORITIES RELATING TO NATO ENLARGEMENT.
    ``(a) Policy of Section.--This section is enacted in order to 
implement the policy set forth in section 2702(a).
    ``(b) Designation of Additional Countries Eligible for NATO 
Enlargement Assistance.--
        ``(1) Designation of additional countries.--Romania, Estonia, 
    Latvia, Lithuania, and Bulgaria are each designated as eligible to 
    receive assistance under the program established under section 
    203(a) of the NATO Participation Act of 1994 [Pub. L. 103-447, title 
    II] (22 U.S.C. 1928 note) and shall be deemed to have been so 
    designated pursuant to section 203(d)(1) of such Act.
        ``(2) Rule of construction.--The designation of countries 
    pursuant to paragraph (1) as eligible to receive assistance under 
    the program established under section 203(a) of the NATO 
    Participation Act of 1994--
            ``(A) is in addition to the designation of other countries 
        by law or pursuant to section 203(d)(2) of such Act as eligible 
        to receive assistance under the program established under 
        section 203(a) of such Act; and
            ``(B) shall not preclude the designation by the President of 
        other emerging democracies in Central and Eastern Europe 
        pursuant to section 203(d)(2) of such Act as eligible to receive 
        assistance under the program established under section 203(a) of 
        such Act.
        ``(3) Sense of congress.--It is the sense of Congress that 
    Romania, Estonia, Latvia, Lithuania, and Bulgaria--
            ``(A) are to be commended for their progress toward 
        political and economic reform and meeting the guidelines for 
        prospective NATO members;
            ``(B) would make an outstanding contribution to furthering 
        the goals of NATO and enhancing stability, freedom, and peace in 
        Europe should they become NATO members; and
            ``(C) upon complete satisfaction of all relevant criteria 
        should be invited to become full NATO members at the earliest 
        possible date.
    ``(c) Regional Airspace Initiative and Partnership for Peace 
Information Management System.--
        ``(1) In general.--Funds described in paragraph (2) are 
    authorized to be made available to support the implementation of the 
    Regional Airspace Initiative and the Partnership for Peace 
    Information Management System, including--
            ``(A) the procurement of items in support of these programs; 
        and
            ``(B) the transfer of such items to countries participating 
        in these programs.
        ``(2) Funds described.--Funds described in this paragraph are 
    funds that are available--
            ``(A) during any fiscal year under the NATO Participation 
        Act of 1994 [Pub. L. 103-447, title II, set out as a note below] 
        with respect to countries eligible for assistance under that 
        Act; or
            ``(B) during fiscal year 1998 under any Act to carry out the 
        Warsaw Initiative.
    ``(d) Extension of Authority Regarding Excess Defense Articles.--
[Amended section 105 of Pub. L. 104-164, 110 Stat. 1427.]
    ``(e) Conforming Amendments to the NATO Participation Act of 1994.--
[Amended section 203(c) of Pub. L. 103-447, set out in a note below.]
``SEC. 2704. SENSE OF CONGRESS WITH RESPECT TO THE TREATY ON 
        CONVENTIONAL ARMED FORCES IN EUROPE.
    ``It is the sense of Congress that no revisions to the Treaty on 
Conventional Armed Forces in Europe will be approved for entry into 
force with respect to the United States that jeopardize fundamental 
United States security interests in Europe or the effectiveness and 
flexibility of NATO as a defensive alliance by--
        ``(1) extending rights or imposing responsibilities on new NATO 
    members different from those applicable to current NATO members, 
    including rights or responsibilities with respect to the deployment 
    of nuclear weapons and the stationing of troops and equipment from 
    other NATO members;
        ``(2) limiting the ability of NATO to defend the territory of 
    new NATO members by, for example, restricting the construction of 
    defense infrastructure or limiting the ability of NATO to deploy 
    necessary reinforcements;
        ``(3) providing any international organization, or any country 
    that is not a member of NATO, with the authority to delay, veto, or 
    otherwise impede deliberations and decisions of the North Atlantic 
    Council or the implementation of such decisions, including 
    deliberations and decisions with respect to the deployment of NATO 
    forces or the admission of additional members to NATO; or
        ``(4) impeding the development of enhanced relations between 
    NATO and other European countries that do not belong to the 
    Alliance.
``SEC. 2705. RESTRICTIONS AND REQUIREMENTS RELATING TO BALLISTIC MISSILE 
        DEFENSE.
    ``(a) Policy of Section.--This section is enacted in order to 
implement the policy set forth in section 2702(c).
    ``(b) Restriction on Entry Into Force of ABM/TMD Demarcation 
Agreements.--An ABM/TMD demarcation agreement shall not be binding on 
the United States, and shall not enter into force with respect to the 
United States, unless, after the date of enactment of this Act [Oct. 21, 
1998], that agreement is specifically approved with the advice and 
consent of the United States Senate pursuant to Article II, section 2, 
clause 2 of the Constitution.
    ``(c) Sense of Congress With Respect to Demarcation Agreements.--
        ``(1) Relationship to multilateralization of abm treaty.--It is 
    the sense of Congress that no ABM/TMD demarcation agreement will be 
    considered for advice and consent to ratification unless, consistent 
    with the certification of the President pursuant to condition (9) of 
    the resolution of ratification of the CFE Flank Document, the 
    President submits for Senate advice and consent to ratification any 
    agreement, arrangement, or understanding that would--
            ``(A) add one or more countries as State Parties to the ABM 
        Treaty, or otherwise convert the ABM Treaty from a bilateral 
        treaty to a multilateral treaty; or
            ``(B) change the geographic scope or coverage of the ABM 
        Treaty, or otherwise modify the meaning of the term `national 
        territory' as used in Article VI and Article IX of the ABM 
        Treaty.
        ``(2) Preservation of united states theater ballistic missile 
    defense potential.--It is the sense of Congress that no ABM/TMD 
    demarcation agreement that would reduce the capabilities of United 
    States theater missile defense systems, or the numbers or deployment 
    patterns of such systems, will be approved for entry into force with 
    respect to the United States.
    ``(d) Report on Cooperative Projects With Russia.--Not later than 
January 1, 1999, January 1, 2000, and January 1, 2001, the President 
shall submit to the Committees on International Relations, National 
Security [now Armed Services], and Appropriations of the House of 
Representatives and the Committees on Foreign Relations, Armed Services, 
and Appropriations of the Senate a report on cooperative projects with 
Russia in the area of ballistic missile defense, including in the area 
of early warning. Each such report shall include the following:
        ``(1) Cooperative projects.--A description of all cooperative 
    projects conducted in the area of early warning and ballistic 
    missile defense during the preceding fiscal year and the fiscal year 
    during which the report is submitted.
        ``(2) Funding.--A description of the funding for such projects 
    during the preceding fiscal year and the year during which the 
    report is submitted and the proposed funding for such projects for 
    the next fiscal year.
        ``(3) Status of dialogue or discussions.--A description of the 
    status of any dialogue or discussions conducted during the preceding 
    fiscal year between the United States and Russia aimed at exploring 
    the potential for mutual accommodation of outstanding issues between 
    the two nations on matters relating to ballistic missile defense and 
    the ABM Treaty, including the possibility of developing a strategic 
    relationship not based on mutual nuclear threats.
    ``(e) Definitions.--In this section:
        ``(1) ABM/TMD demarcation agreement.--The term `ABM/TMD 
    demarcation agreement' means any agreement that establishes a 
    demarcation between theater ballistic missile defense systems and 
    strategic antiballistic missile defense systems for purposes of the 
    ABM Treaty.
        ``(2) ABM treaty.--The term `ABM Treaty' means the Treaty 
    Between the United States of America and the Union of Soviet 
    Socialist Republics on the Limitation of Anti-Ballistic Missile 
    Systems, signed at Moscow on May 26, 1972 (23 UST 3435), and 
    includes the Protocols to that Treaty, signed at Moscow on July 3, 
    1974 (27 UST 1645).''
    [Memorandum of President of the United States, Mar. 3, 2000, 66 F.R. 
3851, delegated to the Secretary of Defense the duties and 
responsibilities of the President under section 2705(d) of div. G of 
Pub. L. 105-277, set out above, with such duties and responsibilities to 
be exercised subject to the concurrence of the Secretary of State, 
authorized redelegation not lower than the Under Secretary level of the 
delegated reporting requirements, and provided that the Department of 
Defense was to obtain clearance on the report from the Office of 
Management and Budget prior to its submission to Congress.]


      Limitation on United States Share of Costs of NATO Expansion

    Pub. L. 105-261, div. A, title XII, Sec. 1221, Oct. 17, 1998, 112 
Stat. 2152, provided that:
    ``(a) Limitation.--The United States share of defined NATO expansion 
costs may not exceed the lesser of--
        ``(1) the amount equal to 25 percent of those costs; or
        ``(2) $2,000,000,000.
    ``(b) Defined NATO Expansion Costs.--For purposes of subsection (a), 
the term `defined NATO expansion costs' means the commonly funded costs 
of the North Atlantic Treaty Organization (NATO) during fiscal years 
1999 through 2011 for enlargement of NATO due to the admission to NATO 
of Poland, Hungary, and the Czech Republic.''


    Reports on Development of European Security and Defense Identity

    Pub. L. 105-261, div. A, title XII, Sec. 1223, Oct. 17, 1998, 112 
Stat. 2154, as amended by Pub. L. 106-65, div. A, title X, Sec. 1067(3), 
Oct. 5, 1999, 113 Stat. 774, provided that:
    ``(a) Requirement for Reports.--The Secretary of Defense shall 
submit to the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives in 
accordance with this section reports on the development of the European 
Security and Defense Identity (ESDI) within the NATO Alliance that would 
enable the Western European Union (WEU), with the consent of the NATO 
Alliance, to assume the political control and strategic direction of 
NATO assets and capabilities made available by the Alliance.
    ``(b) Reports To Be Submitted.--The reports required to be submitted 
under subsection (a) are as follows:
        ``(1) An initial report, submitted not later than December 15, 
    1998, that contains a discussion of the actions taken, and the plans 
    for future actions, to build the European Security and Defense 
    Identity, together with the matters required under subsection (c).
        ``(2) A semiannual report on the progress made toward 
    establishing the European Security and Defense Identity, submitted 
    not later than June 15 and December 15 of each year after 1998.
    ``(c) Content of Reports.--The Secretary shall include in each 
report under this section the following:
        ``(1) A discussion of the arrangements between NATO and the 
    Western European Union for the release, transfer, monitoring, 
    return, and recall of NATO assets and capabilities.
        ``(2) A discussion of the development of such planning and other 
    capabilities by the Western European Union that are necessary to 
    provide political control and strategic direction of NATO assets and 
    capabilities.
        ``(3) A discussion of the development of terms of reference for 
    the Deputy Supreme Allied Commander, Europe, with respect to the 
    European Security and Defense Identity.
        ``(4) A discussion of the arrangements for the assignment or 
    appointment of NATO officers to serve in two positions concurrently 
    (commonly referred to as `dual-hatting').
        ``(5) A discussion of the development of the Combined Joint Task 
    Force (CJTF) concept, including lessons-learned from the NATO-led 
    Stabilization Force in Bosnia.
        ``(6) Identification within the NATO Alliance of the types of 
    separable but not separate capabilities, assets, and support assets 
    for Western European Union-led operations.
        ``(7) Identification of separable but not separate headquarters, 
    headquarters elements, and command positions for command and conduct 
    of Western European Union-led operations.
        ``(8) The conduct by NATO, at the request of and in coordination 
    with the Western European Union, of military planning and exercises 
    for illustrative missions.
        ``(9) A discussion of the arrangements between NATO and the 
    Western European Union for the sharing of information, including 
    intelligence.
        ``(10) Such other information as the Secretary considers useful 
    for a complete understanding of the establishment of the European 
    Security and Defense Identity within the NATO Alliance.
    ``(d) Termination of Reporting Requirement.--The requirement to 
submit reports under subsection (b)(2) terminates upon the submission by 
the Secretary under that subsection of a report in which the Secretary 
states that the European Security and Defense Identity has been fully 
established.''


                      NATO Enlargement Facilitation

    Pub. L. 104-208, div. A, title I, Sec. 101(c) [title VI], Sept. 30, 
1996, 110 Stat. 3009-121, 3009-173, provided that:
``SEC. 601. SHORT TITLE.
    ``This title may be cited as the `NATO Enlargement Facilitation Act 
of 1996'.
``SEC. 602. FINDINGS.
    ``The Congress makes the following findings:
        ``(1) Since 1949, the North Atlantic Treaty Organization (NATO) 
    has played an essential role in guaranteeing the security, freedom, 
    and prosperity of the United States and its partners in the 
    Alliance.
        ``(2) The NATO Alliance is, and has been since its inception, 
    purely defensive in character, and it poses no threat to any nation. 
    The enlargement of the NATO Alliance to include as full and equal 
    members emerging democracies in Central and Eastern Europe will 
    serve to reinforce stability and security in Europe by fostering 
    their integration into the structures which have created and 
    sustained peace in Europe since 1945. Their admission into NATO will 
    not threaten any nation. America's security, freedom, and prosperity 
    remain linked to the security of the countries of Europe.
        ``(3) The sustained commitment of the member countries of NATO 
    to a mutual defense has made possible the democratic transformation 
    of Central and Eastern Europe. Members of the Alliance can and 
    should play a critical role in addressing the security challenges of 
    the post-Cold War era and in creating the stable environment needed 
    for those emerging democracies in Central and Eastern Europe to 
    successfully complete political and economic transformation.
        ``(4) The United States continues to regard the political 
    independence and territorial integrity of all emerging democracies 
    in Central and Eastern Europe as vital to European peace and 
    security.
        ``(5) The active involvement by the countries of Central and 
    Eastern Europe has made the Partnership for Peace program an 
    important forum to foster cooperation between NATO and those 
    countries seeking NATO membership.
        ``(6) NATO has enlarged its membership on 3 different occasions 
    since 1949.
        ``(7) Congress supports the admission of qualified new members 
    to NATO and the European Union at an early date and has sought to 
    facilitate the admission of qualified new members into NATO.
        ``(8) Lasting security and stability in Europe requires not only 
    the military integration of emerging democracies in Central and 
    Eastern Europe into existing European structures, but also the 
    eventual economic and political integration of these countries into 
    existing European structures.
        ``(9) As new members of NATO assume the responsibilities of 
    Alliance membership, the costs of maintaining stability in Europe 
    should be shared more widely. Facilitation of the enlargement 
    process will require current members of NATO, and the United States 
    in particular, to demonstrate the political will needed to build on 
    successful ongoing programs such as the Warsaw Initiative and the 
    Partnership for Peace by making available the resources necessary to 
    supplement efforts prospective new members are themselves 
    undertaking.
        ``(10) New members will be full members of the Alliance, 
    enjoying all rights and assuming all the obligations under the North 
    Atlantic Treaty, signed at Washington on April 4, 1949 (hereafter in 
    this Act referred to as the `Washington Treaty').
        ``(11) In order to assist emerging democracies in Central and 
    Eastern Europe that have expressed interest in joining NATO to be 
    prepared to assume the responsibilities of NATO membership, the 
    United States should encourage and support efforts by such countries 
    to develop force structures and force modernization priorities that 
    will enable such countries to contribute to the full range of NATO 
    missions, including, most importantly, territorial defense of the 
    Alliance.
        ``(12) Cooperative regional peacekeeping initiatives involving 
    emerging democracies in Central and Eastern Europe that have 
    expressed interest in joining NATO, such as the Baltic Peacekeeping 
    Battalion, the Polish-Lithuanian Joint Peacekeeping Force, and the 
    Polish-Ukrainian Peacekeeping Force, can make an important 
    contribution to European peace and security and international 
    peacekeeping efforts, can assist those countries preparing to assume 
    the responsibilities of possible NATO membership, and accordingly 
    should receive appropriate support from the United States.
        ``(13) NATO remains the only multilateral security organization 
    capable of conducting effective military operations and preserving 
    security and stability of the Euro-Atlantic region.
        ``(14) NATO is an important diplomatic forum and has played a 
    positive role in defusing tensions between members of the Alliance 
    and, as a result, no military action has occurred between two 
    Alliance member states since the inception of NATO in 1949.
        ``(15) The admission to NATO of emerging democracies in Central 
    and Eastern Europe which are found to be in a position to further 
    the principles of the Washington Treaty would contribute to 
    international peace and enhance the security of the region. 
    Countries which have become democracies and established market 
    economies, which practice good neighborly relations, and which have 
    established effective democratic civilian control over their defense 
    establishments and attained a degree of interoperability with NATO, 
    should be evaluated for their potential to further the principles of 
    the Washington Treaty.
        ``(16) Democratic civilian control of defense forces is an 
    essential element in the process of preparation for those states 
    interested in possible NATO membership.
        ``(17) Protection and promotion of fundamental freedoms and 
    human rights is an integral aspect of genuine security, and in 
    evaluating requests for membership in NATO, the human rights records 
    of the emerging democracies in Central and Eastern Europe should be 
    evaluated according to their commitments to fulfill in good faith 
    the human rights obligations of the Charter of the United Nations, 
    the principles of the Universal Declaration on Human Rights, and the 
    Helsinki Final Act.
        ``(18) A number of Central and Eastern European countries have 
    expressed interest in NATO membership, and have taken concrete steps 
    to demonstrate this commitment, including their participation in 
    Partnership for Peace activities.
        ``(19) The Caucasus region remains important geographically and 
    politically to the future security of Central Europe. As NATO 
    proceeds with the process of enlargement, the United States and NATO 
    should continue to examine means to strengthen the sovereignty and 
    enhance the security of United Nations recognized countries in that 
    region.
        ``(20) In recognition that not all countries which have 
    requested membership in NATO will necessarily qualify at the same 
    pace, the accession date for each new member will vary.
        ``(21) The provision of additional NATO transition assistance 
    should include those emerging democracies most ready for closer ties 
    with NATO and should be designed to assist other countries meeting 
    specified criteria of eligibility to move forward toward eventual 
    NATO membership.
        ``(22) The Congress of the United States finds in particular 
    that Poland, Hungary, and the Czech Republic have made significant 
    progress toward achieving the criteria set forth in section 
    203(d)(3) of the NATO Participation Act of 1994 [Pub. L. 103-447, 
    set out in a note below] and should be eligible for the additional 
    assistance described in this Act.
        ``(23) The evaluation of future membership in NATO for emerging 
    democracies in Central and Eastern Europe should be based on the 
    progress of those nations in meeting criteria for NATO membership, 
    which require enhancement of NATO's security and the approval of all 
    NATO members.
        ``(24) The process of NATO enlargement entails the consensus 
    agreement of the governments of all 16 NATO members and ratification 
    in accordance with their constitutional procedures.
        ``(25) Some NATO members, such as Spain and Norway, do not allow 
    the deployment of nuclear weapons on their territory although they 
    are accorded the full collective security guarantees provided by 
    Article 5 of the Washington Treaty. There is no a priori requirement 
    for the stationing of nuclear weapons on the territory of new NATO 
    members, particularly in the current security climate. However, NATO 
    retains the right to alter its security posture at any time as 
    circumstances warrant.
``SEC. 603. UNITED STATES POLICY.
    ``It is the policy of the United States--
        ``(1) to join with the NATO allies of the United States to adapt 
    the role of the NATO Alliance in the post-Cold War world;
        ``(2) to actively assist the emerging democracies in Central and 
    Eastern Europe in their transition so that such countries may 
    eventually qualify for NATO membership;
        ``(3) to support the enlargement of NATO in recognition that 
    enlargement will benefit the interests of the United States and the 
    Alliance and to consider these benefits in any analysis of the costs 
    of NATO enlargement;
        ``(4) to ensure that all countries in Central and Eastern Europe 
    are fully aware of and capable of assuming the costs and 
    responsibilities of NATO membership, including the obligation set 
    forth in Article 10 of the Washington Treaty that new members be 
    able to contribute to the security of the North Atlantic area; and
        ``(5) to work to define a constructive and cooperative political 
    and security relationship between an enlarged NATO and the Russian 
    Federation.
``SEC. 604. SENSE OF THE CONGRESS REGARDING FURTHER ENLARGEMENT OF NATO.
    ``It is the sense of the Congress that in order to promote economic 
stability and security in Slovakia, Estonia, Latvia, Lithuania, Romania, 
Bulgaria, Albania, Moldova, and Ukraine--
        ``(1) the United States should continue and expand its support 
    for the full and active participation of these countries in 
    activities appropriate for qualifying for NATO membership;
        ``(2) the United States Government should use all diplomatic 
    means available to press the European Union to admit as soon as 
    possible any country which qualifies for membership;
        ``(3) the United States Government and the North Atlantic Treaty 
    Organization should continue and expand their support for military 
    exercises and peacekeeping initiatives between and among these 
    nations, nations of the North Atlantic Treaty Organization, and 
    Russia; and
        ``(4) the process of enlarging NATO to include emerging 
    democracies in Central and Eastern Europe should not be limited to 
    consideration of admitting Poland, Hungary, the Czech Republic, and 
    Slovenia as full members of the NATO Alliance.
``SEC. 605. SENSE OF THE CONGRESS REGARDING ESTONIA, LATVIA AND 
        LITHUANIA.
    ``In view of the forcible incorporation of Estonia, Latvia, 
Lithuania into the Soviet Union in 1940 under the Molotov-Ribbentrop 
Pact and the refusal of the United States and other countries to 
recognize that incorporation for over 50 years, it is the sense of the 
Congress that--
        ``(1) Estonia, Latvia, and Lithuania have valid historical 
    security concerns that must be taken into account by the United 
    States; and
        ``(2) Estonia, Latvia, and Lithuania should not be disadvantaged 
    in seeking to join NATO by virtue of their forcible incorporation 
    into the Soviet Union.
``SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO ENLARGEMENT 
        ASSISTANCE.
    ``(a) In General.--The following countries are designated as 
eligible to receive assistance under the program established under 
section 203(a) of the NATO Participation Act of 1994 [Pub. L. 103-447, 
set out in a note below] and shall be deemed to have been so designated 
pursuant to section 203(d)(1) of such Act: Poland, Hungary, and the 
Czech Republic.
    ``(b) Designation of Slovenia.--Effective 90 days after the date of 
enactment of this Act [Sept. 30, 1996], Slovenia is designated as 
eligible to receive assistance under the program established under 
section 203(a) of the NATO Participation Act of 1994, and shall be 
deemed to have been so designated pursuant to section 203(d) of such 
Act, unless the President certifies to Congress prior to such effective 
date that Slovenia fails to meet the criteria under section 203(d)(3) of 
such Act.
    ``(c) Designation of Other Countries.--The President shall designate 
other emerging democracies in Central and Eastern Europe as eligible to 
receive assistance under the program established under section 203(a) of 
such Act if such countries--
        ``(1) have expressed a clear desire to join NATO;
        ``(2) have begun an individualized dialogue with NATO in 
    preparation for accession;
        ``(3) are strategically significant to an effective NATO 
    defense; and
        ``(4) meet the other criteria outlined in section 203(d)(3) of 
    the NATO Participation Act of 1994 (title II of Public Law 103-447; 
    22 U.S.C. 1928 note).
    ``(d) Rule of Construction.--Nothing in this section precludes the 
designation by the President of Estonia, Latvia, Lithuania, Romania, 
Slovakia, Bulgaria, Albania, Moldova, Ukraine, or any other emerging 
democracy in Central and Eastern Europe pursuant to section 203(d) of 
the NATO Participation Act of 1994 as eligible to receive assistance 
under the program established under section 203(a) of such Act.
``SEC. 607. AUTHORIZATION OF APPROPRIATIONS FOR NATO ENLARGEMENT 
        ASSISTANCE.
    ``(a) In General.--There are authorized to be appropriated 
$60,000,000 for fiscal year 1997 for the program established under 
section 203(a) of the NATO Participation Act of 1994 [Pub. L. 103-447, 
set out in a note below].
    ``(b) Availability.--Of the funds authorized to be appropriated by 
subsection (a)--
        ``(1) not less than $20,000,000 shall be available for the cost, 
    as defined in section 502(5) of the [Federal] Credit Reform Act of 
    1990 [2 U.S.C. 661a(5)], of direct loans pursuant to the authority 
    of section 203(c)(4) of the NATO Participation Act of 1994 (relating 
    to the `Foreign Military Financing Program');
        ``(2) not less than $30,000,000 shall be available for 
    assistance on a grant basis pursuant to the authority of section 
    203(c)(4) of the NATO Participation Act of 1994 (relating to the 
    `Foreign Military Financing Program'); and
        ``(3) not more than $10,000,000 shall be available for 
    assistance pursuant to the authority of section 203(c)(3) of the 
    NATO Participation Act of 1994 (relating to international military 
    education and training).
    ``(c) Rule of Construction.--Amounts authorized to be appropriated 
under this section are authorized to be appropriated in addition to such 
amounts as otherwise may be available for such purposes.
``SEC. 608. REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR PEACE 
        INFORMATION MANAGEMENT SYSTEM.
    ``(a) In General.--To the extent provided in advance in 
appropriations acts for such purposes, funds described in subsection (b) 
are authorized to be made available to support the implementation of the 
Regional Airspace Initiative and the Partnership for Peace Information 
Management System, including--
        ``(1) the procurement of items in support of these programs; and
        ``(2) the transfer of such items to countries participating in 
    these programs.
    ``(b) Funds Described.--Funds described in this subsection are funds 
that are available--
        ``(1) during any fiscal year under the NATO Participation Act of 
    1994 [Pub. L. 103-447, set out as a note below] with respect to 
    countries eligible for assistance under that Act; or
        ``(2) during fiscal year 1997 under any Act to carry out the 
    Warsaw Initiative.
``SEC. 609. EXCESS DEFENSE ARTICLES.
    ``(a) Priority Delivery.--Notwithstanding any other provision of 
law, the delivery of excess defense articles under the authority of 
section 203(c)(1) and (2) of the NATO Participation Act of 1994 [Pub. L. 
103-447, set out in a note below] and section 516 of the Foreign 
Assistance Act of 1961 [22 U.S.C. 2321j] shall be given priority to the 
maximum extent feasible over the delivery of such excess defense 
articles to all other countries except those countries referred to in 
section 541 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1995 (Public Law 103-306; 108 Stat. 1640).
    ``(b) Cooperative Regional Peacekeeping Initiatives.--The Congress 
encourages the President to provide excess defense articles and other 
appropriate assistance to cooperative regional peacekeeping initiatives 
involving emerging democracies in Central and Eastern Europe that have 
expressed an interest in joining NATO in order to enhance their ability 
to contribute to European peace and security and international 
peacekeeping efforts.
``SEC. 610. MODERNIZATION OF DEFENSE CAPABILITY.
    ``The Congress endorses efforts by the United States to modernize 
the defense capability of Poland, Hungary, the Czech Republic, Slovenia, 
and any other countries designated by the President pursuant to section 
203(d) of the NATO Participation Act of 1994 [Pub. L. 103-447, set out 
in a note below], by exploring with such countries options for the sale 
or lease to such countries of weapons systems compatible with those used 
by NATO members, including air defense systems, advanced fighter 
aircraft, and telecommunications infrastructure.
``SEC. 611. TERMINATION OF ELIGIBILITY.
    ``(a) Termination of Eligibility.--The eligibility of a country 
designated pursuant to subsection (a) or (b) of section 606 or pursuant 
to section 203(d) of the NATO Participation Act of 1994 [Pub. L. 103-
447, set out in a note below] may be terminated upon a determination by 
the President that such country does not meet the criteria set forth in 
section 203(d)(3) of the NATO Participation Act of 1994.
    ``(b) Notification.--At least 15 days before terminating the 
eligibility of any country pursuant to subsection (a), the President 
shall notify the congressional committees specified in section 634A of 
the Foreign Assistance Act of 1961 [22 U.S.C. 2394-1] in accordance with 
the procedures applicable to reprogramming notifications under that 
section.
``SEC. 612. CONFORMING AMENDMENTS TO THE NATO PARTICIPATION ACT.
    ``[Amended section 203 of Pub. L. 103-447, set out in a note 
below.]''


                          Defense Burdensharing

    Pub. L. 105-85, div. A, title XII, Sec. 1221, Nov. 18, 1997, 111 
Stat. 1935, as amended by Pub. L. 105-261, div. A, title XII, Sec. 1233, 
Oct. 17, 1998, 112 Stat. 2156; Pub. L. 106-398, Sec. 1 [[div. A], title 
X, Sec. 1087(e)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-293, provided 
that:
    ``(a) Efforts To Increase Allied Burdensharing.--The President shall 
seek to have each nation that has cooperative military relations with 
the United States (including security agreements, basing arrangements, 
or mutual participation in multinational military organizations or 
operations) take one or more of the following actions:
        ``(1) For any nation in which United States military personnel 
    are assigned to permanent duty ashore, increase its financial 
    contributions to the payment of the nonpersonnel costs incurred by 
    the United States Government for stationing United States military 
    personnel in that nation, with a goal of achieving by September 30, 
    2000, 75 percent of such costs. An increase in financial 
    contributions by any nation under this paragraph may include the 
    elimination of taxes, fees, or other charges levied on United States 
    military personnel, equipment, or facilities stationed in that 
    nation.
        ``(2) Increase its annual budgetary outlays for national defense 
    as a percentage of its gross domestic product by 10 percent or at 
    least to a level commensurate to that of the United States by 
    September 30, 1999.
        ``(3) Increase its annual budgetary outlays for foreign 
    assistance (to promote democratization, governmental accountability 
    and transparency, economic stabilization and development, defense 
    economic conversion, respect for the rule of law and internationally 
    recognized human rights, and humanitarian relief efforts) by 10 
    percent or to provide such foreign assistance at an annual rate that 
    is not less than one percent of its gross domestic product, by 
    September 30, 1999.
        ``(4) Increase the military assets (including personnel, 
    equipment, logistics, support and other resources) that it 
    contributes or has pledged to contribute to multinational military 
    activities worldwide by 10 percent by September 30, 1999.
    ``(b) Authorities To Encourage Actions by United States Allies.--In 
seeking the actions described in subsection (a) with respect to any 
nation, or in response to a failure by any nation to undertake one or 
more of such actions, the President may take any of the following 
measures to the extent otherwise authorized by law:
        ``(1) Reduce the end strength level of members of the Armed 
    Forces assigned to permanent duty ashore in that nation.
        ``(2) Impose on that nation fees or other charges similar to 
    those that such nation imposes on United States forces stationed in 
    that nation.
        ``(3) Reduce (through rescission, impoundment, or other 
    appropriate procedures as authorized by law) the amount the United 
    States contributes to the NATO Civil Budget, Military Budget, or 
    Security Investment Program.
        ``(4) Suspend, modify, or terminate any bilateral security 
    agreement the United States has with that nation, consistent with 
    the terms of such agreement.
        ``(5) Reduce (through rescission, impoundment or other 
    appropriate procedures as authorized by law) any United States 
    bilateral assistance appropriated for that nation.
        ``(6) Take any other action the President determines to be 
    appropriate as authorized by law.
    ``(c) Report on Progress in Increasing Allied Burdensharing.--Not 
later than March 1, 1999, the Secretary of Defense shall submit to 
Congress a report on--
        ``(1) steps taken by other nations to complete the actions 
    described in subsection (a);
        ``(2) all measures taken by the President, including those 
    authorized in subsection (b), to achieve the actions described in 
    subsection (a);
        ``(3) the difference between the amount allocated by other 
    nations for each of the actions described in subsection (a) during 
    the period beginning on October 1, 1996, and ending on September 30, 
    1997, and during the period beginning on October 1, 1997, and ending 
    on September 30, 1998, or, in the case of any nation for which the 
    data for such periods is inadequate, the difference between the 
    amounts for the latest periods for which adequate data is available; 
    and
        ``(4) the budgetary savings to the United States that are 
    expected to accrue as a result of the steps described under 
    paragraph (1).
    ``(d) Report on National Security Bases for Forward Deployment and 
Burdensharing Relationships.--(1) In order to ensure the best allocation 
of budgetary resources, the President shall undertake a review of the 
status of elements of the United States Armed Forces that are 
permanently stationed outside the United States. The review shall 
include an assessment of the following:
        ``(A) The alliance requirements that are to be found in 
    agreements between the United States and other countries.
        ``(B) The national security interests that support permanently 
    stationing elements of the United States Armed Forces outside the 
    United States.
        ``(C) The stationing costs associated with the forward 
    deployment of elements of the United States Armed Forces.
        ``(D) The alternatives available to forward deployment (such as 
    material prepositioning, enhanced airlift and sealift, or joint 
    training operations) to meet such alliance requirements or national 
    security interests, with such alternatives identified and described 
    in detail.
        ``(E) The costs and force structure configurations associated 
    with such alternatives to forward deployment.
        ``(F) The financial contributions that allies of the United 
    States make to common defense efforts (to promote democratization, 
    economic stabilization, transparency arrangements, defense economic 
    conversion, respect for the rule of law, and internationally 
    recognized human rights).
        ``(G) The contributions that allies of the United States make to 
    meeting the stationing costs associated with the forward deployment 
    of elements of the United States Armed Forces.
        ``(H) The annual expenditures of the United States and its 
    allies on national defense, and the relative percentages of each 
    nation's gross domestic product constituted by those expenditures.
    ``(2) The President shall submit to Congress a report on the review 
under paragraph (1). The report shall be submitted not later than March 
1, 1999, in classified and unclassified form.''
    [Pub. L. 105-261, div. A, title XII, Sec. 1233(a), Oct. 17, 1998, 
112 Stat. 2156, provided that the amendments made by that section to 
section 1221(a) of Pub. L. 105-85, set out above, are effective Oct. 1, 
1998.]
    Similar provisions were contained in the following prior 
authorization act:
    Pub. L. 104-201, div. A, title X, Sec. 1084, Sept. 23, 1996, 110 
Stat. 2673.


                           Nato Participation

    Pub. L. 103-447, title II, Nov. 2, 1994, 108 Stat. 4695, as amended 
by Pub. L. 104-107, title V, Sec. 585, Feb. 12, 1996, 110 Stat. 752; 
Pub. L. 104-208, div. A, title I, Sec. 101(c) [title VI, Sec. 612], 
Sept. 30, 1996, 110 Stat. 3009-121, 3009-178; Pub. L. 105-277, div. G, 
subdiv. B, title XXVII, Sec. 2703(e), Oct. 21, 1998, 112 Stat. 2681-842, 
provided that:
``SEC. 201. SHORT TITLE.
    ``This title may be cited as the `NATO Participation Act of 1994'.
``SEC. 202. SENSE OF THE CONGRESS.
    ``It is the sense of the Congress that--
        ``(1) the leaders of the NATO member nations are to be commended 
    for reaffirming that NATO membership remains open to Partnership for 
    Peace countries emerging from communist domination and for welcoming 
    eventual expansion of NATO to include such countries;
        ``(2) full and active participants in the Partnership for Peace 
    in a position to further the principles of the North Atlantic Treaty 
    and to contribute to the security of the North Atlantic area should 
    be invited to become full NATO members in accordance with Article 10 
    of such Treaty at an early date, if such participants--
            ``(A) maintain their progress toward establishing democratic 
        institutions, free market economies, civilian control of their 
        armed forces, and the rule of law; and
            ``(B) remain committed to protecting the rights of all their 
        citizens and respecting the territorial integrity of their 
        neighbors;
        ``(3) the United States, other NATO member nations, and NATO 
    itself should furnish appropriate assistance to facilitate the 
    transition to full NATO membership at an early date of full and 
    active participants in the Partnership for Peace; and
        ``(4) in particular, Poland, Hungary, the Czech Republic, and 
    Slovakia have made significant progress toward establishing 
    democratic institutions, free market economies, civilian control of 
    their armed forces, and the rule of law since the fall of their 
    previous communist governments.
``SEC. 203. AUTHORITY FOR PROGRAM TO FACILITATE TRANSITION TO NATO 
        MEMBERSHIP.
    ``(a) In General.--The President may establish a program to assist 
the transition to full NATO membership of Poland, Hungary, the Czech 
Republic, Slovakia, and other Partnership for Peace emerging democracies 
in Central and Eastern Europe designated pursuant to subsection (d).
    ``(b) Conduct of Program.--The program established under subsection 
(a) shall facilitate the transition to full NATO membership of the 
countries designated under subsection (d) by supporting and encouraging, 
inter alia--
        ``(1) joint planning, training, and military exercises with NATO 
    forces;
        ``(2) greater interoperability of military equipment, air 
    defense systems, and command, control, and communications systems; 
    and
        ``(3) conformity of military doctrine.
    ``(c) Type of Assistance.--In carrying out the program established 
under subsection (a), the President may provide to the countries 
designated under subsection (d) the following types of security 
assistance:
        ``(1) The transfer of excess defense articles under section 516 
    of the Foreign Assistance Act of 1961 [22 U.S.C. 2321j].
        ``(2) Assistance under chapter 5 of part II of the Foreign 
    Assistance Act of 1961 [22 U.S.C. 2347 et seq.] (relating to 
    international military education and training).
        ``(3) Assistance under section 23 of the Arms Export Control Act 
    [22 U.S.C. 2763] (relating to the `Foreign Military Financing 
    Program').
        ``(4) Assistance under chapter 4 of part II of the Foreign 
    Assistance Act of 1961 [22 U.S.C. 2346 et seq.] (relating to the 
    Economic Support Fund).
        ``(5) Funds made available for the `Nonproliferation and 
    Disarmament Fund'.
        ``(6) Assistance under chapter 6 of part II of the Foreign 
    Assistance Act of 1961 [22 U.S.C. 2348 et seq.] (relating to 
    peacekeeping operations and other programs).
        ``(7) Notwithstanding any other provision of law, including 
    section 516(e) of the Foreign Assistance Act of 1961 [22 U.S.C. 
    2321j(e)], the President may direct the crating, packing, handling, 
    and transportation of excess defense articles provided pursuant to 
    paragraph (1) of this subsection without charge to the recipient of 
    such articles.
    ``(d) Designation of Eligible Countries.--
        ``(1) Initial presidential review and designation.--Within 60 
    days of the enactment of the NATO Participation Act Amendments of 
    1995 [NATO Participation Act Amendments of 1995 was contained in S. 
    602 and title VII of H.R. 1868 which were predecessor versions of 
    provisions enacted into law by section 585 of Pub. L. 104-107, which 
    was approved Feb. 12, 1996], the President should evaluate the 
    degree to which any emerging democracies in Central and Eastern 
    Europe which has expressed its interest in joining NATO meets the 
    criteria set forth in paragraph (3), and may designate one or more 
    of these countries as eligible to receive assistance under the 
    program established under subsection (a). The President shall, at 
    the time of designation of any country pursuant to this paragraph, 
    determine and report to the Committees on International Relations 
    and Appropriations of the House of Representatives and the 
    Committees on Foreign Relations and Appropriations of the Senate 
    with respect to each country so designated that such country meets 
    the criteria set forth in paragraph (3).
        ``(2) Other european countries emerging from communist 
    domination.--In addition to the countries designated pursuant to 
    paragraph (1), the President may at any time designate other 
    European emerging democracies in Central and Eastern Europe as 
    eligible to receive assistance under the program established under 
    subsection (a). The President shall, at the time of designation of 
    any country pursuant to this paragraph, determine and report to the 
    Committees on International Relations and Appropriations of the 
    House of Representatives and the Committees on Foreign Relations and 
    Appropriations of the Senate with respect to each country so 
    designated that such country meets the criteria set forth in 
    paragraph (3).
        ``(3) Criteria.--The criteria referred to in paragraphs (1) and 
    (2) are, with respect to each country, that the country--
            ``(A) has made significant progress toward establishing--
                ``(i) shared values and interests;
                ``(ii) democratic governments;
                ``(iii) free market economies;
                ``(iv) civilian control of the military, of the police, 
            and of intelligence services, so that these organizations do 
            not pose a threat to democratic institutions, neighboring 
            countries, or the security of NATO or the United States;
                ``(v) adherence to the rule of law and to the values, 
            principles, and political commitments set forth in the 
            Helsinki Final Act and other declarations by the members of 
            the Organization on Security and Cooperation in Europe;
                ``(vi) commitment to further the principles of NATO and 
            to contribute to the security of the North Atlantic area;
                ``(vii) commitment to protecting the rights of all their 
            citizens and respecting the territorial integrity of their 
            neighbors;
                ``(viii) commitment and ability to accept the 
            obligations, responsibilities, and costs of NATO membership; 
            and
                ``(ix) commitment and ability to implement 
            infrastructure development activities that will facilitate 
            participation in and support for NATO military activities;
            ``(B) is likely, within five years of such determination, to 
        be in a position to further the principles of the North Atlantic 
        Treaty and to contribute to the security of the North Atlantic 
        area; and
            ``(C) is not ineligible to receive assistance under section 
        552 of the Foreign Operations, Export Financing, and Related 
        Programs Appropriations Act, 1996 [110 Stat. 741], with respect 
        to transfers of equipment to a country the government of which 
        the Secretary of State has determined is a terrorist government 
        for purposes of section 40(d) of the Arms Export Control Act [22 
        U.S.C. 2780(d)].
    ``(e) Notification.--At least 15 days before designating any country 
pursuant to subsection (d), the President shall notify the appropriate 
congressional committees in accordance with the procedures applicable 
under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 
2394-1), and shall include with such notification a memorandum of 
justification with respect to the proposed designation.
    ``(f) Determination.--It is hereby determined that Poland, Hungary, 
the Czech Republic, and Slovakia meet the criteria required in 
paragraphs (1), (2), and (3) of subsection (d).
    ``(g) Effect on Other Authorities.--Nothing in this Act [title] 
shall affect the eligibility of countries to participate under other 
provisions of law in programs described in this Act [title].
``SEC. 204. ADDITIONAL AUTHORITIES.
    ``(a) Arms Export Control Act.--The President is authorized to 
exercise the authority of sections 63 and 65 of the Arms Export Control 
Act [22 U.S.C. 2796b, 2796d] with respect to any country designated 
under section 203(d) of this title on the same basis authorized with 
respect to NATO countries.
    ``(b) Other NATO Authorities.--The President should designate any 
country designated under section 203(d) of this title as eligible under 
sections 2350c and 2350f of title 10, United States Code.
    ``(c) Sense of Congress.--It is the sense of Congress that, in the 
interest of maintaining stability and promoting democracy in Poland, 
Hungary, the Czech Republic, Slovakia, and any other Partnership for 
Peace country designated under section 203(d) of this title, those 
countries should be included in all activities under section 2457 of 
title 10, United States Code, related to the increased standardization 
and enhanced interoperability of equipment and weapons systems, through 
coordinated training and procurement activities, as well as other means, 
undertaken by the North Atlantic Treaty Organization members and other 
allied countries.
``SEC. 205. ANNUAL REPORTING REQUIREMENT.
    ``The President shall include in the annual report required by 
section 514(a) of Public Law 103-236 (22 U.S.C. 1928 note) the 
following:
        ``(1) A description of all assistance provided under the program 
    established under section 203(a), or otherwise provided by the 
    United States Government to facilitate the transition to full NATO 
    membership of Poland, Hungary, the Czech Republic, Slovakia, and any 
    other country designated by the President pursuant to section 
    203(d).
        ``(2) A description, on the basis of information received from 
    the recipients and from NATO, of all assistance provided by other 
    NATO member nations or NATO itself to facilitate the transition to 
    full NATO membership of Poland, Hungary, the Czech Republic, 
    Slovakia, and any other country designated by the President pursuant 
    to section 203(d).''


                     Cost-Sharing Policy and Report

    Pub. L. 103-337, div. A, title XIII, Sec. 1313(a)-(d), Oct. 5, 1994, 
108 Stat. 2894, 2895, provided that:
    ``(a) Policy.--It is the policy of the United States that the North 
Atlantic Treaty Organization (NATO) allies should assist the United 
States in paying the incremental costs incurred by the United States for 
maintaining members of the Armed Forces in assignments to permanent duty 
ashore in European member nations of NATO solely for support of NATO 
roles and missions.
    ``(b) Implementation.--The President shall take all necessary 
actions to ensure the effective implementation of the policy set forth 
in subsection (a).
    ``(c) Report.--The Secretary of Defense shall include in the annual 
report required by section 1002(d) of the Department of Defense 
Authorization Act, 1985 [Pub. L. 98-525] (22 U.S.C. 1928 note) the 
following:
        ``(1) A description of the United States military forces 
    assigned to permanent duty ashore in European member nations of NATO 
    and an analysis of the cost of providing and maintaining such forces 
    in such assignment primarily for support of NATO roles and missions.
        ``(2) A description of the United States military forces 
    assigned to permanent duty ashore in European member nations of NATO 
    primarily in support of other United States interests in other 
    regions of the world and an analysis of the cost of providing and 
    maintaining such forces in such assignment primarily for that 
    purpose.
        ``(3) A specific enumeration and description of the offsets to 
    United States costs of providing and maintaining United States 
    military forces in Europe that the United States received from other 
    NATO member nations in the fiscal year covered by the report, set 
    out by country and by type of assistance, including both in-kind 
    assistance and direct cash reimbursement, and the projected offsets 
    for the five fiscal years following the fiscal year covered by the 
    report.
    ``(d) Incremental Costs Defined.--For purposes of subsection (a), 
the definition provided for the term `incremental costs' in section 1046 
of the National Defense Authorization Act for Fiscal Years 1992 and 1993 
[Pub. L. 102-190, set out below], as added by subsection (e), shall 
apply with respect to maintaining members of the Armed Forces in 
assignments to permanent duty ashore in European member nations of NATO 
in the same manner as such term applies with respect to permanent 
stationing ashore of United States forces in foreign nations for 
purposes of subsection (e)(4) of such section 1046.''


                 Implementation of Partnership for Peace

    Pub. L. 103-236, title V, Sec. 514, Apr. 30, 1994, 108 Stat. 467, 
provided that:
    ``(a) Report to Congress.--The President shall submit annually, 
beginning 90 days after the date of enactment of this Act [Apr. 30, 
1994], a detailed report to the Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs [now Committee on 
International Relations] of the House of Representatives on the 
implementation of the `Partnership for Peace' initiative, including an 
assessment of the progress made by former members of the Warsaw Treaty 
Organization in meeting the criteria for full membership articulated in 
Article 10 of the North Atlantic Treaty, wherein any other European 
state may, by unanimous agreement, be invited to accede to the North 
Atlantic Treaty if it is in a position to further the principles of the 
Treaty and to contribute to the security of the North Atlantic area.
    ``(b) Authority of the President.--The President is authorized to 
confer, pursuant to agreement with any country eligible to participate 
in the Partnership for Peace, rights in respect of the military and 
related civilian personnel (including dependents of any such personnel) 
and activities of that country in the United States comparable to the 
rights conferred by that country in respect of the military and related 
civilian personnel (including dependents of any such personnel) and 
activities of the United States in that country.''
    [Functions of President under section 514(b) of Pub. L. 103-236, set 
out above, delegated to Secretary of State by Memorandum of President of 
the United States, July 26, 1994, 59 F.R. 40205, set out as a note under 
section 2370a of this title.]


                          Defense Cost-Sharing

    Pub. L. 102-190, div. A, title X, Sec. 1046, Dec. 5, 1991, 105 Stat. 
1466, as amended by Pub. L. 103-160, div. A, title XIV, Sec. 1412(b), 
Nov. 30, 1993, 107 Stat. 1829; Pub. L. 103-337, div. A, title XIII, 
Sec. 1313(e), Oct. 5, 1994, 108 Stat. 2895, provided that:
    ``(a) Defense Cost-Sharing Agreements.--(1) The President shall 
consult with the foreign nations described in paragraph (2) to seek to 
achieve, within 12 months after the date of the enactment of this Act 
[Dec. 5, 1991], an agreement on equitable defense cost-sharing with each 
such nation.
    ``(2) The foreign nations referred to in paragraph (1) are--
        ``(A) each member nation of the North Atlantic Treaty 
    Organization (other than the United States); and
        ``(B) every other foreign nation with which the United States 
    has a bilateral or multilateral defense agreement that provides for 
    the assignment of combat units of the Armed Forces of the United 
    States to permanent duty in the nation or the placement of combat 
    equipment of the United States in the nation.
    ``(3) Each defense cost-sharing agreement entered into under 
paragraph (1) should provide that the foreign nation agrees to share 
equitably with the United States, through cash compensation or in-kind 
contributions, or a combination thereof, the costs to the United States 
that arise solely from the implementation of the provisions of the 
bilateral or multilateral defense agreement with that nation.
    ``(b) Exception.--The provisions of subsection (a) shall not apply 
to those foreign nations that receive assistance under section 23 of the 
Arms Export Control Act (22 U.S.C. 2763) relating to the foreign 
military financing program or under chapter 4 of part II of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2346 et seq.) relating to the Economic 
Support Fund.
    ``(c) Consultations.--In conducting the consultations required under 
subsection (a), the President should make maximum feasible use of the 
Department of Defense and the post of Ambassador-at-Large created by 
section 8125(c) of the Department of Defense Appropriations Act, 1989 
[Pub. L. 100-463] (10 U.S.C. 113 note).
    ``(d) Allies Mutual Defense Payments Account.--The Secretary of 
Defense shall maintain an accounting for defense cost-sharing under each 
agreement entered into with a foreign nation pursuant to subsection (a). 
The accounting shall show for each foreign nation the amount and nature 
of the--
        ``(1) cost-sharing contributions agreed to by the nation;
        ``(2) cost-sharing contributions delivered by the nation;
        ``(3) additional contributions by the nation to any commonly 
    funded multilateral programs providing for United States 
    participation in the common defense;
        ``(4) contributions by the United States to any such commonly 
    funded multilateral programs;
        ``(5) contributions of all other nations to any such commonly 
    funded multilateral programs; and
        ``(6) costs to the United States that arise solely from the 
    implementation of the provisions of the bilateral or multilateral 
    defense agreement with the nation.
    ``(e) Reporting Requirements.--The Secretary of Defense shall 
include in each Report on Allied Contributions to the Common Defense 
prepared under section 1003 of Public Law 98-525 (22 U.S.C. 1928 note) 
information, in classified and unclassified form--
        ``(1) describing the efforts undertaken and the progress made by 
    the President in carrying out subsections (a) and (c) during the 
    period covered by the report;
        ``(2) specifying the accounting of defense cost-sharing 
    contributions maintained under subsection (d) during that period;
        ``(3) assessing how equitably foreign nations not described in 
    subsection (a) or excepted under subsection (b) are sharing the 
    costs and burdens of implementing defense agreements with the United 
    States and how those defense agreements serve the national security 
    interests of the United States; and
        ``(4) specifying the incremental costs to the United States 
    associated with the permanent stationing ashore of United States 
    forces in foreign nations.
    ``(f) Incremental Costs Defined.--In this section, the term 
`incremental costs', with respect to permanent stationing ashore of 
United States forces in foreign nations, means the difference between 
the costs associated with maintaining United States military forces in 
assignments to permanent duty ashore in the foreign nations and the 
costs associated with maintaining those same military forces at military 
bases in the United States.''


         Active-Duty Forces in Europe of Member Nations of NATO

    Pub. L. 101-189, div. A, title IX, Sec. 912, Nov. 29, 1989, 103 
Stat. 1523, directed Secretary of Defense to ensure that, for the next 
three years, the current ratio (expressed as a percentage) of U.S. 
active duty forces in Europe to allied active duty forces in Europe does 
not increase by more than a specified amount.


     Sense of Congress on Need for Modernization of Theater Nuclear 
                          Capabilities of NATO

    Pub. L. 100-456, div. A, title X, Sec. 1004, Sept. 29, 1988, 102 
Stat. 2039, provided that:
    ``(a) Findings.--Congress makes the following findings:
        ``(1) The security of the North Atlantic Treaty Organization 
    (NATO) alliance will continue for the foreseeable future to rely on 
    a modern and credible nuclear deterrent.
        ``(2) NATO should make every effort to achieve the goal of 
    raising the threshold for the use of nuclear weapons in the event of 
    a conflict in Europe.
        ``(3) While recognizing that there is a critical need for 
    improvements in conventional forces, Congress also recognizes that 
    the United States will have to devote defense resources in the 
    future to the continuing modernization of the theater nuclear 
    capabilities of NATO.
        ``(4) The modernization of the theater nuclear capabilities of 
    NATO is a continuing process and stems from the 1983 Montebello 
    decision by NATO to reduce the stockpile of nuclear weapons in 
    Europe while taking steps to ensure that the remaining nuclear 
    weapons of the alliance are responsive, survivable, and effective.
        ``(5) Programs to modernize theater nuclear forces, which had a 
    high priority for NATO before the ratification of the Intermediate-
    range Nuclear Forces (INF) Treaty, are at least as important 
    following the ratification of that treaty in May 1988.
        ``(6) The NATO Nuclear Planning Group recently reaffirmed its 
    endorsement of development by the United States of a new missile for 
    delivery of theater nuclear weapons as a follow-on to the current 
    Lance missile, with a view toward an eventual decision on deployment 
    of such a follow-on missile.
    ``(b) Sense of Congress.--In light of the findings in subsection 
(a), it is the sense of Congress that--
        ``(1) modernization of the theater nuclear capabilities of the 
    North Atlantic Treaty Organization is essential to the deterrence 
    strategy of the NATO alliance, particularly in light of the 
    requirements of the Intermediate-range Nuclear Forces (INF) Treaty 
    for the destruction of intermediate-range nuclear weapons;
        ``(2) continued modernization by the United States of theater 
    nuclear capabilities should be undertaken in close consultation with 
    other NATO member nations; and
        ``(3) the United States should proceed with ongoing activities 
    to meet the identified requirement of the NATO alliance for 
    development of a new missile for delivery of theater nuclear weapons 
    as a follow-on to the Lance missile.''


       Report on Official Development Assistance Program of Japan

    Pub. L. 100-456, div. A, title X, Sec. 1009(b), Sept. 29, 1988, 102 
Stat. 2041, provided that: ``The Secretary of Defense shall include with 
the annual report submitted pursuant to section 1003 of Public Law 98-
525 (22 U.S.C. 1928 note) a report on the Official Development 
Assistance program of the Government of Japan. Such report shall be 
prepared each year in coordination with the Secretary of State and the 
Administrator of the Agency for International Development and shall 
include a description of the amount and nature of spending under such 
program by recipient, including distinguishing between grant aid, loans, 
and credits.''


   Japan-United States Security Relationship and Efforts by Japan To 
                  Fulfill Self-Defense Responsibilities

    Pub. L. 99-93, title VIII, Sec. 812, Aug. 16, 1985, 99 Stat. 453, as 
amended by Pub. L. 103-236, title I, Sec. 139(14), Apr. 30, 1994, 108 
Stat. 398, provided that:
    ``(a) Findings.--The Congress hereby finds--
        ``(1) the Japan-United States security relationship is the 
    foundation of the peace and security of Japan and the Far East, as 
    well as a major contributor to the protection of the United States 
    and of the democratic freedoms and economic prosperity enjoyed by 
    both the United States and Japan;
        ``(2) the threats to our two democracies have increased 
    significantly since 1976, principally through the Soviet invasion of 
    Afghanistan, the expansion of Soviet armed forces in the Far East, 
    the invasion of Cambodia by Vietnam, and the instability in the 
    Persian Gulf region as signified by the continuing Iran-Iraq 
    conflict;
        ``(3) in recognition of these and other threats, the United 
    States has greatly increased its annual defense spending through 
    sustained real growth averaging 8.8 percent yearly between fiscal 
    1981 and 1985, and cumulative real growth of 50 percent in that 
    period;
        ``(4) the United States Government appreciates the May 1981 
    commitment by the Prime Minister of Japan that, pursuant to the 
    Treaty of Mutual Cooperation and Security of 1960 between Japan and 
    the United States, Japan, on its own initiative, would seek to make 
    even greater efforts for improving its defense capabilities, and 
    pursuant to Japan's own Constitution, it was national policy for his 
    country to acquire and maintain the self-defense forces adequate for 
    the defense of its land area and surrounding airspace and sealanes, 
    out to a distance of 1,000 miles;
        ``(5) the United States Government applauds the policy of Japan 
    to obtain the capabilities to defend its sea and air lanes out to 
    1,000 miles, expects that these capabilities should be acquired by 
    the end of the decade, and recognizes that achieving those 
    capabilities would significantly improve the national security of 
    both Japan and the United States;
        ``(6) the United States Government appreciates the contribution 
    already made by Japan through the Host Nation Support Program and 
    its recent efforts to increase its defense spending; and
        ``(7) Japan, however, in recent years consistently has not 
    provided sufficient funding and resources to meet its self-defense 
    needs and to meet common United States-Japan defense objectives and 
    alliance responsibilities.
    ``(b) Sense of Congress.--It is the sense of the Congress that 
Japan, to fulfill its self-defense responsibilities pursuant to the 1960 
Mutual Cooperation and Security Treaty with the United States, and in 
accordance with the national policy declaration made by its Prime 
Minister in May 1981, to develop a 1,000-mile airspace and sealanes 
defense capability, should implement a 1986-1990 Mid-Term Defense Plan 
containing sufficient funding, program acquisition, and force 
development resources to obtain the agreed-upon 1,000 mile self-defense 
capabilities by the end of the decade, including the allocation of 
sufficient budgetary resources annually to reduce substantially the 
ammunition, logistics, and sustainability shortfalls of its self-defense 
forces.''


  Sense of Congress Relating to Increase in Defense Spending by United 
                              States Allies

    Pub. L. 98-525, title X, Sec. 1001, Oct. 19, 1984, 98 Stat. 2574, 
provided that: ``It is the sense of Congress that the President--
        ``(1) should call on the pertinent member nations of the North 
    Atlantic Treaty Organization to meet or exceed their pledges for an 
    annual increase in defense spending during fiscal years 1984 and 
    1985 of at least 3 percent real growth; and
        ``(2) should call on Japan to further increase its defense 
    spending during fiscal years 1984 and 1985;
in furtherance of increased unity, equitable sharing of the common 
defense burden, and international stability.''
    Similar provisions were contained in Pub. L. 98-473, title I, 
Sec. 101(e) [Sec. 127], (h) [title VIII, Sec. 8105], Oct. 12, 1984, 98 
Stat. 1877, 1883, 1904, 1943.


              Improvements to NATO Conventional Capability

    Pub. L. 98-525, title X, Sec. 1002, Oct. 19, 1984, 98 Stat. 2574, as 
amended by Pub. L. 99-145, title XI, Sec. 1101, Nov. 8, 1985, 99 Stat. 
707; Pub. L. 101-189, div. A, title IX, Sec. 911(a), Nov. 29, 1989, 103 
Stat. 1523; Pub. L. 101-510, div. A, title IV, Sec. 406, title XIII, 
Sec. 1312(c)(1), (2), Nov. 5, 1990, 104 Stat. 1546, 1670; Pub. L. 102-
25, title VII, Sec. 704(a)(2), Apr. 6, 1991, 105 Stat. 118; Pub. L. 102-
190, div. A, title X, Sec. 1042, Dec. 5, 1991, 105 Stat. 1462; Pub. L. 
102-484, div. A, title XIII, Sec. 1303(a), Oct. 23, 1992, 106 Stat. 
2546; Pub. L. 103-160, div. A, title XIV, Sec. 1412(a), Nov. 30, 1993, 
107 Stat. 1828; Pub. L. 103-337, div. A, title XIII, Sec. 1303(a)-(c), 
Oct. 5, 1994, 108 Stat. 2889, 2890; Pub. L. 104-106, div. A, title XIII, 
Sec. 1334(a), title XV, Sec. 1502(c)(7), Feb. 10, 1996, 110 Stat. 484, 
508; Pub. L. 106-65, div. A, title X, Secs. 1032(b)(4), 1067(12), Oct. 
5, 1999, 113 Stat. 751, 775, provided that:
    ``(a) The Congress finds--
        ``(1) that the North Atlantic Treaty Organization (NATO) should 
    improve its conventional defense capability so as to lengthen the 
    period of time that Western Europe can be defended by conventional 
    forces without the necessity of resorting to the early use of 
    nuclear weapons in the event of a non-nuclear attack on any NATO 
    member country;
        ``(2) that fulfillment by NATO member nations of their goals and 
    commitments to increase defense spending, improve conventional 
    sustainability, and provide support facilities in Western Europe for 
    rapid reinforcements from the United States is crucial to 
    accomplishing that objective; and
        ``(3) that an increase over current United States military 
    personnel levels in European member nations of NATO can be justified 
    only if these goals and commitments are substantially met by NATO 
    member nations (other than the United States).
    ``(b) The Congress urges the President and the Secretary of Defense 
to continue to encourage member nations of NATO (other than the United 
States) to work expeditiously to fulfill the following commitments they 
have undertaken:
        ``(1) To achieve and maintain an annual increase in their 
    defense spending of at least 3 percent, after inflation.
        ``(2) To acquire a 30-day supply of air and ground munitions 
    among those NATO members which have committed forces to the 
    Northern, Center, and Southern Regions.
        ``(3) To construct the number of minimum essential and emergency 
    operating facilities and semihardened aircraft shelters in Western 
    Europe required by NATO Ministerial Guidance to support, under NATO/
    SHAPE standards, as a minimum, the annual commitment of United 
    States reinforcing tactical aircraft.
    ``(c)(1) The end strength level of members of the Armed Forces of 
the United States assigned to permanent duty ashore in European member 
nations of the North Atlantic Treaty Organization may not exceed a 
permanent ceiling of approximately 100,000 in any fiscal year.
    ``(2) If the Secretary of Defense certifies to the Congress in 
writing during any fiscal year after fiscal year 1985 that during the 
previous fiscal year the member nations of NATO (other than the United 
States) have undertaken significant measures to improve their 
conventional defense capacity consistent with the goals set forth in 
subsection (b) which contributes to lengthening the time period between 
an armed attack on any NATO country and the time the Supreme Allied 
Commander, Europe, would have to request the release and use of nuclear 
weapons, the Congress would give strong consideration to authorizing an 
increase in the permanent ceiling prescribed in paragraph (1) for fiscal 
years after such fiscal year.
    ``(3) For purposes of this subsection, the following members of the 
Armed Forces are excluded in calculating the end strength level of 
members of the Armed Forces of the United States assigned to permanent 
duty ashore in European member nations of NATO:
        ``(A) Members assigned to permanent duty ashore in Iceland, 
    Greenland, and the Azores.
        ``(B) Members performing duties in Europe for more than 179 days 
    under a military-to-military contact program under section 168 of 
    title 10, United States Code.
    ``[(d) Repealed. Pub. L. 106-65, div. A, title X, Sec. 1032(b)(4), 
Oct. 5, 1999, 113 Stat. 751.]
    ``(e)(1) The Congress finds that a viable `two-way street' of 
defense procurement improves NATO interoperability and therefore is 
important to overall improvements in conventional defense.
    ``(2) In addition to any funds appropriated pursuant to the 
authorization contained in this Act for the activities of the Director 
of Operational Test and Evaluation, Defense, the Director may use an 
additional amount, not to exceed $50,000,000, to acquire certain types 
of weapons, subsystems, and munitions of European NATO manufacture for 
side-by-side testing with comparable United States manufactured items. 
Such additional amount shall be derived from any funds appropriated 
pursuant to an authorization contained in this Act. Items that may be 
acquired under this paragraph include submunitions and dispensers, anti-
tank and anti-armor guided missiles, mines, runway-cratering devices, 
torpedoes, mortar systems, light armored vehicles, and high-velocity 
anti-tank guns.
    ``(f)(1) This section shall not apply in the event of a declaration 
of war or an armed attack on any NATO member country.
    ``(2) This section may be waived by the President if he declares an 
emergency and immediately informs the Congress of his action and the 
reasons therefor.''
    [Section 1303(d) of Pub. L. 103-337 provided that: ``The amendment 
made by subsection (a) [amending section 1002(c)(1) of Pub. L. 98-525, 
set out above] shall take effect on October 1, 1995.'']
    [Section 1303(b) of Pub. L. 102-484, which provided that the 
amendment of section 1002(c)(1) of Pub. L. 98-525, set out above, by 
section 1303(a) of Pub. L. 102-484, take effect Oct. 1, 1995, was 
repealed by Pub. L. 103-337, div. A, title XIII, Sec. 1303(c), Oct. 5, 
1994, 108 Stat. 2890.]
    [Pub. L. 101-189, div. A, title IX, Sec. 911(b), Nov. 29, 1989, 103 
Stat. 1523, which provided that the amendment of section 1002 of Pub. L. 
98-525, set out above, by section 911(a) of Pub. L. 101-189, take effect 
on Sept. 30, 1991, was repealed by Pub. L. 101-510, div. A, title IV, 
Sec. 406(c), Nov. 5, 1990, 104 Stat. 1546.]


          Report on Allied Contributions to the Common Defense

    Pub. L. 98-525, title X, Sec. 1003, Oct. 19, 1984, 98 Stat. 2576, as 
amended by Pub. L. 101-510, div. A, title XIII, Sec. 1312(c)(3), Nov. 5, 
1990, 104 Stat. 1670; Pub. L. 104-201, div. A, title X, Sec. 1084(e), 
Sept. 23, 1996, 110 Stat. 2675, provided that:
    ``(a) In recognition of the increasing military threat faced by the 
Western World and in view of the growth, relative to the United States, 
in the economic strength of Japan, Canada, and a number of Western 
European countries which has occurred since the signing of the North 
Atlantic Treaty on April 4, 1949, and the Mutual Cooperation and 
Security Treaty between Japan and the United States on January 19, 1960, 
it is the sense of the Congress that--
        ``(1) the burdens of mutual defense now assumed by some of the 
    countries allied with the United States under those agreements are 
    not commensurate with their economic resources;
        ``(2) since May 1978, when each member nation of the North 
    Atlantic Treaty Organization (NATO) agreed to increase real defense 
    spending annually in the range of 3 percent, most NATO members, 
    except for the United States, have failed to meet the 3 percent real 
    growth commitment consistently;
        ``(3) since May 1981, when the Government of Japan established 
    its policy to defend the air and sea lines of communication out to 
    1,000 nautical miles from the coast of Japan, progress to develop 
    the necessary self-defense capabilities to fulfill that pledge has 
    been extremely disappointing;
        ``(4) Japan is the ally of the United States with the greatest 
    potential for improving its self-defense capabilities and should, 
    therefore, rapidly increase its annual defense spending to the 
    levels required to fulfill that pledge and to enable Japan to be 
    capable of an effective conventional self-defense capability by 
    1990, including the capability to carry out its 1,000-mile defense 
    policy, a development that would be consonant not only with Japan's 
    current prominent position in the family of nations but also with 
    its unique sensibilities on the issues of war and peace, 
    sensibilities that are recognized and respected by the people of the 
    United States; and
        ``(5) the continued unwillingness of such countries to increase 
    their contributions to the common defense to more appropriate levels 
    will endanger the vitality, effectiveness, and cohesion of the 
    alliances between those countries and the United States.
    ``(b) It is further the sense of the Congress that the President 
should seek from each signatory country (other than the United States) 
of the two treaties referred to in subsection (a) acceptance of 
international security responsibilities and an agreement to make 
contributions to the common defense which are commensurate with the 
economic resources of such country, including, when appropriate, an 
increase in host nation support.
    ``(c) The Secretary of Defense shall submit to the Congress by March 
1, 1998, and every other year thereafter, not later than April 1, a 
classified report containing--
        ``(1) a comparison of the fair and equitable shares of the 
    mutual defense burdens of these alliances that should be borne by 
    the United States, by other member nations of NATO, and by Japan, 
    based upon economic strength and other relevant factors, and the 
    actual defense efforts of each nation together with an explanation 
    of disparities that currently exist and their impact on mutual 
    defense efforts;
        ``(2) a description of efforts by the United States and the 
    efforts of other members of the alliances to eliminate any existing 
    disparities;
        ``(3) projected estimates of the real growth in defense spending 
    for the fiscal year in which the report is submitted for each NATO 
    member nation;
        ``(4) a description of the defense-related initiatives 
    undertaken by each NATO member nation within the real growth in 
    defense spending of such nation in the fiscal year immediately 
    preceding the fiscal year in which the report is submitted;
        ``(5) an explanation of those instances in which the commitments 
    to real growth in defense spending have not been realized and a 
    description of efforts being made by the United States to ensure 
    fulfillment of these important NATO commitments;
        ``(6) a description of the activities of each NATO member and 
    Japan to enhance the security and stability of the Southwest Asia 
    region and to assume additional missions for their own defense as 
    the United States allocates additional resources to the mission of 
    protecting Western interests in world areas not covered by the 
    system of Western Alliances; and
        ``(7) a description of what additional actions the executive 
    branch plans to take should the efforts by the United States 
    referred to in clauses (2) and (5) fail, and, in those instances 
    where such additional actions do not include consideration of the 
    repositioning of American troops, a detailed explanation as to why 
    such repositioning is not being so considered.
    ``(d) The Secretary of Defense shall also submit to the Congress not 
more than 30 days after the submission of the report required under 
subsection (a) an unclassified report containing the matters set forth 
in clauses (1) through (7) of such subsection.''
    Similar provisions were contained in the following prior 
authorization act:
    Pub. L. 98-94, title XI, Sec. 1102, Sept. 24, 1983, 97 Stat. 673.


                   NATO Defense Industrial Cooperation

    Pub. L. 97-252, title XI, Sec. 1122, Sept. 8, 1982, 96 Stat. 755, 
provided that:
    ``(a) The Congress finds that--
        ``(1) the United States remains firmly committed to cooperating 
    closely with its North Atlantic Treaty Organization (hereinafter in 
    this section referred to as `NATO') allies in protecting liberty and 
    maintaining world peace;
        ``(2) the financial burden of providing for the defense of 
    Western Europe and for the protection of the interests of NATO 
    member countries in areas outside the NATO treaty area has reached 
    such proportions that new cooperative approaches among the United 
    States and its NATO allies are required to achieve and maintain an 
    adequate collective defense at acceptable costs;
        ``(3) the need for a credible conventional deterrent in Western 
    Europe has long been recognized in theory but has never been fully 
    addressed in practice;
        ``(4) a more equitable sharing by NATO member countries of both 
    the burdens and the technological and economic benefits of the 
    common defense would do much to reinvigorate the North Atlantic 
    Treaty Organization alliance with a restored sense of unity and 
    common purpose;
        ``(5) a decision to coordinate more effectively the enormous 
    technological, industrial, and economic resources of NATO member 
    countries will not only increase the efficiency and effectiveness of 
    NATO military expenditures but also provide inducement for the 
    Soviet Union to enter into a meaningful arms reduction agreement so 
    that both Warsaw Pact countries and NATO member countries can devote 
    more of their energies and resources to peaceful and economically 
    more beneficial pursuits.
    ``(b) It is the sense of the Congress that the President should 
propose to the heads of government of the NATO member countries that the 
NATO allies of the United States join the United States in agreeing--
        ``(1) to coordinate more effectively their defense efforts and 
    resources to create, at acceptable costs, a credible, collective, 
    conventional force for the defense of the North Atlantic Treaty 
    area;
        ``(2) to establish a cooperative defense-industrial effort 
    within Western Europe and between Western Europe and North America 
    that would increase the efficiency and effectiveness of NATO 
    expenditures by providing a larger production base while eliminating 
    unnecessary duplication of defense-industrial efforts;
        ``(3) to share more equitably and efficiently the financial 
    burdens, as well as the economic benefits (including jobs, 
    technology, and trade) of NATO defense; and
        ``(4) to intensify consultations promptly for the early 
    achievement of the objectives described in clauses (1) through 
    (3).''


North Atlantic Treaty Organization Countries and Japan; Contributions of 
  Allies of United States to Common Defense Commensurate With Economic 
                      Resources; Report to Congress

    Pub. L. 96-342, title X, Sec. 1006, Sept. 8, 1980, 94 Stat. 1120, as 
amended by Pub. L. 97-86, title IX, Sec. 919, Dec. 1, 1981, 95 Stat. 
1132; Pub. L. 97-252, title XI, Sec. 1120, Sept. 8, 1982, 96 Stat. 754, 
provided that:
    ``(a) In recognition of the growth, relative to the United States, 
in the economic strength of Japan, Canada, and Western European 
countries which has occurred since the signing of the North Atlantic 
Treaty on April 4, 1949, and the Mutual Cooperation and Security Treaty 
between Japan and the United States on January 19, 1960, it is the sense 
of Congress that--
        ``(1) the burdens of mutual defense now assumed by the countries 
    allied with the United States under those agreements are not 
    commensurate with their economic resources; and
        ``(2) the continued unwillingness of those countries to increase 
    their contributions to the common defense to more appropriate levels 
    would endanger the vitality, effectiveness, and cohesiveness of the 
    alliances between those countries and the United States.
    ``(b) It is further the sense of Congress that the President should 
seek from each signatory country (other than the United States) of the 
two treaties referred to in subsection (a) acceptance of international 
security responsibilities and agreement to make contributions to the 
common defense which are commensurate with the economic resources of 
such country, including, when appropriate, an increase in host nation 
support.
    ``(c)(1) The Secretary of Defense shall submit to the Congress not 
later than March 1, 1983, a report providing--
        ``(A) a comparison of the fair and equitable shares of the 
    mutual defense burdens of these alliances that should be borne by 
    the United States, by other member nations of the North Atlantic 
    Treaty Organization (NATO), and by Japan, based upon economic 
    strength and other relevant factors, and the actual defense efforts 
    of each nation together with an explanation of disparities that 
    currently exist and their impact on mutual defense efforts;
        ``(B) a description of efforts by the United States and of other 
    efforts to eliminate existing disparities;
        ``(C) estimates of the real growth in defense spending in fiscal 
    year 1983 projected for each NATO member nation compared to the 
    annual real growth goal in the range of 3 percent set in May 1978;
        ``(D) a description of the defense-related initiatives 
    undertaken by each NATO member nation within the real growth in 
    defense spending of such nation in fiscal year 1983;
        ``(E) an explanation of those instances in which the commitments 
    to real growth in defense spending and to the Long-Term Defense 
    Program have not been realized and a description of efforts being 
    made by the United States to ensure fulfillment of these important 
    NATO commitments; and
        ``(F) a description of what additional actions the President 
    plans to take should the efforts by the United States referred to in 
    clauses (B) and (E) fail and, in those instances where such 
    additional actions do not include consideration of the repositioning 
    of elements of the Armed Forces of the United States, a detailed 
    explanation as to why such repositioning is not being so considered.
    ``(2) If the report required by paragraph (1) as submitted to 
Congress is designated as having been classified, pursuant to Executive 
order, as requiring protection against unauthorized disclosure in the 
interest of national defense or foreign policy, then not later than 
thirty days after the submission of such report the Secretary shall 
submit to Congress a further report containing all the information in 
the initial report that does not require such protection.''


    North Atlantic Treaty Organization; Balance-of-Payments Deficit; 
               Equitable Cost Sharing; Report to Congress

    Pub. L. 93-155, title VIII, Sec. 812, Nov. 16, 1973, 87 Stat. 619, 
provided that:
    ``(a) The Congress finds that in order to achieve a more equitable 
sharing of the costs and expenses arising from commitments and 
obligations under the North Atlantic Treaty, the President should seek, 
through appropriate bilateral and multilateral arrangements, payments 
sufficient in amount to offset fully any balance-of-payment deficit 
incurred by the United States during the fiscal year ending June 30, 
1974, as the result of the deployment of forces in Europe in fulfillment 
of the treaty commitments and obligations of the United States. This 
balance-of-payment deficit shall be determined by the Secretary of 
Commerce in consultation with the Secretary of Defense and the 
Comptroller General of the United States.
    ``(b) In the event that the North Atlantic Treaty Organization 
members (other than the United States) fail to offset the net balance-
of-payment deficit described in subsection (a) prior to the expiration 
of eighteen months after the date of enactment of this section [Nov. 16, 
1973], no funds may be expended after the expiration of twenty-four 
months following the date of enactment of this section [Nov. 16, 1973] 
for the purpose of maintaining or supporting United States forces in 
Europe in any number greater than a number equal to the average monthly 
number of United States forces assigned to duty in Europe during the 
fiscal year ending June 30, 1974, reduced by a percentage figure equal 
to the percentage figure by which such balance-of-payment deficit during 
such fiscal year was not offset.
    ``(c) The Congress further finds (1) that the other members of the 
North Atlantic Treaty Organization should, in order to achieve a more 
equitable sharing of the cost burden under the treaty, substantially 
increase their contributions to assist the United States in meeting 
those added budgeting expenses incurred as the result of maintaining and 
supporting United States forces in Europe, including, but not limited 
to, wages paid to local personnel by the United States, recurring 
expenses incurred in connection with the maintenance and operation of 
real property, maintenance facilities, supply depots, cold storage 
facilities, communications systems, and standby operations, and 
nonrecurring expenses such as the construction and rehabilitation of 
plants and facilities; (2) that the amount paid by the United States in 
connection with the North Atlantic Treaty infrastructure program should 
be reduced to a more equitable amount; and (3) that the President should 
seek, through appropriate bilateral and multilateral arrangements, a 
substantial reduction of the amounts paid by the United States in 
connection with those matters described in (1) and (2) above.
    ``(d) The President shall submit to the Congress within ninety days 
after the date of enactment of this Act [Nov. 16, 1973], and at the end 
of each ninety-day period thereafter, a written report informing the 
Congress of the progress that has been made in implementing the 
provisions of this section.''


                United States Citizens Commission on NATO

    Pub. L. 86-719, Sept. 7, 1960, 74 Stat. 818, as amended by Pub. L. 
87-116, July 31, 1961, 75 Stat. 242, provided for a United States 
Citizens Commission on NATO to terminate on June 30, 1962, including the 
appointment of the Commission, vacancies, chairman and vice chairman, 
statement of purpose, conferences in NATO countries, representative 
status, authority of Commission, compensation and expenses, 
appropriations, and reports to Congress.

    Ex. Ord. No. 11633. Security Clearance Program for United States 
          Citizens Employed Directly by NATO, SEATO, and CENTO

    Ex. Ord. No. 11633. Dec. 3, 1971, 36 F.R. 23197, provided:
    The United States now participates in the activities of the North 
Atlantic Treaty Organization (NATO), the South-East Asia Treaty 
Organization (SEATO), and the Central Treaty Organization (CENTO). The 
Security regulations of these three treaty organizations provide that 
each participating nation shall be responsible for the security 
screening and security clearance of its own citizens before they are 
authorized access to the Organization's TOP SECRET, SECRET, or 
CONFIDENTIAL information. There is no existing program, however, under 
which United States civilians who are hired directly by these 
organizations can be screened and cleared for access to such 
Organization's TOP SECRET, SECRET, or CONFIDENTIAL information while so 
employed. It is, of course, in the interest of the United States that 
United States citizens who participate in the activities of NATO, SEATO, 
and CENTO as direct hire employees of the civil or military agencies of 
those organizations be reliable, trustworthy, of good conduct and 
character, and of complete and unswerving loyalty to the United States. 
At the same time, it is a fundamental principle of our Government to 
protect against unreasonable or unwarranted encroachment on the freedom 
and privacy of individuals.
    I have determined that the provisions and procedures prescribed by 
this Order are necessary to assure the preservation of the integrity of 
the classified information of NATO, SEATO, and CENTO, and to protect the 
national interest. I have also determined that these provisions and 
procedures recognize the rights of individuals affected thereby and 
provide maximum possible safeguards to protect such rights.
    NOW, THEREFORE, by virtue of the authority vested in me by the 
Constitution and statutes of the United States, and as Commander-in-
Chief of the Armed Forces of the United States, it is ordered as 
follows:
    Section 1. The Secretary of Defense shall establish a program and, 
by regulation, shall prescribe such specific requirements, restrictions, 
and other safeguards as he considers necessary for the administration of 
procedures whereby ``Certificates of Security Clearance'' for the United 
States citizens directly employed by civil or military agencies of NATO, 
SEATO, or CENTO may be provided to these international organizations 
when they so request. Such program shall also provide for the denial, 
revocation, or suspension of such ``Certificates.''
    Sec. 2. Subject to the provisions of applicable international 
agreements, the procedures established by the Secretary of Defense 
shall, insofar as is practical, be similar to those established by him 
pursuant to the authority vested in him by Executive Order No. 10865 of 
February 20, 1960, as amended [set out as a note under section 435 of 
Title 50, War and National Defense].
    Sec. 3. The substance of the criteria, safeguards, and procedures 
provided in Sections 2, 3, 4, 5, 6, 7, and 9 of Executive Order No. 
10865, as amended [set out as a note under section 435 of Title 50, War 
and National Defense], shall be incorporated in the regulations of the 
Secretary of Defense governing the program established hereunder.
    Sec. 4. Any authority vested in the Secretary of Defense by this 
Order may be delegated to the Deputy Secretary of Defense or an 
Assistant Secretary of Defense.
                                                          Richard Nixon.

   Determination Regarding End Strength Level of U.S. Armed Forces in 
                       Europe for Fiscal Year 1991

    Determination of President of the United States, No. 91-37, May 29, 
1991, 56 F.R. 25611, provided:
    Memorandum for the Secretary of Defense
    Consistent with section 406(b) of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1546) [amending 
section 1002 of Pub. L. 98-525, set out as a note above], I hereby 
authorize an end strength level of members of the Armed Forces assigned 
to permanent duty ashore in European member nations of the North 
Atlantic Treaty Organization in excess of 261,855 for fiscal year 1991, 
and determine that the national security interests of the United States 
require such authorization.
    You are authorized and directed to notify the Congress of this 
determination and of the necessity therefor contained in the attached 
justification [not set out in the Code], and to publish this 
determination in the Federal Register.
                                                            George Bush.

                  Section Referred to in Other Sections

    This section is referred to in section 2390 of this title.
