One Hundred Tenth Congress of the United States of America
1st Session
Begun and held at the City of Washington on Thursday, the fourth day of January, two thousand and seven
S. 494
AN ACT
To endorse further enlargement of the North Atlantic Treaty Organization (NATO) and to facilitate the timely admission of new members to NATO, and for other purposes.
Short title
This Act may be cited as the
NATO Freedom Consolidation Act of
2007
.
Findings
Congress makes the following findings:
The sustained commitment of the North Atlantic Treaty Organization (NATO) to mutual defense has made possible the democratic transformation of Central and Eastern Europe. Members of the North Atlantic Treaty Organization can and should play a critical role in addressing the security challenges of the post-Cold War era in creating the stable environment needed for those emerging democracies in Europe.
Lasting stability and security in Europe requires the military, economic, and political integration of emerging democracies into existing European structures.
In an era of threats from terrorism and the proliferation of weapons of mass destruction, the North Atlantic Treaty Organization is increasingly contributing to security in the face of global security challenges for the protection and interests of its member states.
In the NATO Participation Act of 1994
(title II of Public Law 103–447; 22 U.S.C. 1928 note), Congress declared that
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 . .
.
.
In the NATO Enlargement Facilitation Act of
1996 (title VI of section 101(c) of title I of division A of Public Law
104–208; 22 U.S.C. 1928 note), Congress called for the prompt admission of
Poland, Hungary, the Czech Republic, and Slovenia to the North Atlantic Treaty
Organization, and declared that in order to promote economic stability
and security in Slovakia, Estonia, Latvia, Lithuania, Romania, Bulgaria,
Albania, Moldova, and Ukraine . . . 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
.
In the European Security Act of 1998 (title
XXVII of division G of Public Law 105–277; 22 U.S.C. 1928 note), Congress
declared that Poland, Hungary, and the Czech Republic should not be the
last emerging democracies in Central and Eastern Europe invited to join
NATO
and that Romania, Estonia, Latvia, Lithuania, and Bulgaria
. . . 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] upon complete satisfaction of all relevant criteria should be
invited to become full NATO members at the earliest possible
date
.
In the Gerald B. H. Solomon Freedom
Consolidation Act of 2002 (Public Law 107–187; 22 U.S.C. 1928 note), Congress
endorsed . . . the vision of further enlargement of the NATO Alliance
articulated by President George W. Bush on June 15, 2001, and by former
President William J. Clinton on October 22, 1996
.
At the Madrid Summit of the North Atlantic
Treaty Organization in July 1997, Poland, Hungary, and the Czech Republic were
invited to join the Alliance, and the North Atlantic Treaty Organization heads
of state and government issued a declaration stating [t]he alliance
expects to extend further invitations in coming years to nations willing and
able to assume the responsibilities and obligations of membership . . . [n]o
European democratic country whose admission would fulfill the objectives of the
[North Atlantic] Treaty will be excluded from consideration
.
At the Washington Summit of the North
Atlantic Treaty Organization in April 1999, the North Atlantic Treaty
Organization heads of state and government issued a communiqué declaring
[w]e pledge that NATO will continue to welcome new members in a position
to further the principles of the [North Atlantic] Treaty and contribute to
peace and security in the Euro-Atlantic area . . . [t]he three new members will
not be the last . . . [n]o European democratic country whose admission would
fulfill the objectives of the Treaty will be excluded from consideration,
regardless of its geographic location . . .
.
In May 2000 in Vilnius, Lithuania, the foreign ministers of Albania, Bulgaria, Estonia, Latvia, Lithuania, the Republic of Macedonia (FYROM), Romania, Slovakia, and Slovenia issued a statement (later joined by Croatia) declaring that—
their countries will cooperate in jointly seeking membership in the North Atlantic Treaty Organization in the next round of enlargement of the North Atlantic Treaty Organization;
the realization of membership in the North Atlantic Treaty Organization by one or more of these countries would be a success for all; and
eventual membership in the North Atlantic Treaty Organization for all of these countries would be a success for Europe and for the North Atlantic Treaty Organization.
On June 15, 2001, in a speech in Warsaw,
Poland, President George W. Bush stated [a]ll of Europe's new
democracies, from the Baltic to the Black Sea and all that lie between, should
have the same chance for security and freedom—and the same chance to join the
institutions of Europe—as Europe’s old democracies have . . . I believe in NATO
membership for all of Europe’s democracies that seek it and are ready to share
the responsibilities that NATO brings . . . [a]s we plan to enlarge NATO, no
nation should be used as a pawn in the agenda of others . . . [w]e will not
trade away the fate of free European peoples . . . [n]o more Munichs . . . [n]o
more Yaltas . . . [a]s we plan the Prague Summit, we should not calculate how
little we can get away with, but how much we can do to advance the cause of
freedom
.
On October 22, 1996, in a speech in
Detroit, Michigan, former President William J. Clinton stated NATO's
doors will not close behind its first new members . . . NATO should remain open
to all of Europe’s emerging democracies who are ready to shoulder the
responsibilities of membership . . . [n]o nation will be automatically excluded
. . . [n]o country outside NATO will have a veto . . . [a] gray zone of
insecurity must not reemerge in Europe
.
At the Prague Summit of the North Atlantic
Treaty Organization in November 2002, Bulgaria, Estonia, Latvia, Lithuania,
Romania, Slovakia, and Slovenia were invited to join the Alliance in the second
round of enlargement of the North Atlantic Treaty Organization since the end of
the Cold War, and the North Atlantic Treaty Organization heads of state and
government issued a declaration stating NATO's door will remain open to
European democracies willing and able to assume the responsibilities and
obligations of membership, in accordance with Article 10 of the Washington
Treaty
.
On May 8, 2003, the United States Senate unanimously approved the Resolution of Ratification to Accompany Treaty Document No. 108–4, Protocols to the North Atlantic Treaty of 1949 on Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia, inviting Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to join the North Atlantic Treaty Organization.
At the Istanbul Summit of the North
Atlantic Treaty Organization in June 2004, the North Atlantic Treaty
Organization heads of state and government issued a communiqué reaffirming that
NATO's door remains open to new members, declaring [w]e celebrate the
success of NATO's Open Door Policy, and reaffirm tody that our seven new
members will not be the last. The door to membership remains open. We welcome
the progress made by Albania, Croatia, and the former Yugoslav Republic of
Macedonia (1) in implementing their Annual National Programmes under the
Membership Action Plan, and encourage them to continue pursuing the reforms
necessary to progress toward NATO membership. We also commend their
contribution to regional stability and cooperation. We want all three countries
to succeed and will continue to assist them in their reform efforts. NATO will
continue to assess each country's candidacy individually, based on the progress
made towards reform goals pursued through the Membership Action Plan, which
will remain the vehicle to keep the readiness of each aspirant for membership
under review. We direct that NATO Foreign Ministers keep the enlargement
process, including the implementation of the Membership Action Plan, under
continual review and report to us. We will review at the next Summit progress
by aspirants towards membership based on that report
.
Georgia and Ukraine have stated their desire to join the Euro-Atlantic community, and in particular, are seeking to join the North Atlantic Treaty Organization. Georgia and Ukraine are working closely with the North Atlantic Treaty Organization and its members to meet criteria for eventual membership in NATO.
At a press conference with President Mikhail Saakashvili of Georgia in Washington, D.C. on July 5, 2006, President George W. Bush stated that “. . . I believe that NATO would benefit with Georgia being a member of NATO, and I think Georgia would benefit. And there’s a way forward through the Membership Action Plan . . . And I’m a believer in the expansion of NATO. I think it’s in the world’s interest that we expand NATO”.
Following a meeting of NATO Foreign Ministers in New York on September 21, 2006, NATO Secretary General Jaap de Hoop Scheffer announced the launching of an Intensified Dialogue on membership between the Alliance and Georgia.
At the NATO-Ukraine Commission Summit in Brussels in February 2005, President of Ukraine Victor Yushchenko declared membership in NATO as the ultimate goal of Ukraine’s cooperation with the Alliance and expressed Ukraine’s desire to conclude a Membership Action Plan.
At the NATO-Ukraine Commission Foreign Ministerial meeting in Vilnius in April 2005, NATO and Ukraine launched an Intensified Dialogue on the potential membership of Ukraine in NATO.
At the Riga Summit of the North Atlantic
Treaty Organization in November 2006, the Heads of State and Government of the
member countries of NATO issued a declaration reaffirming that NATO’s door
remains open to new members, declaring that all European democratic
countries may be considered for MAP (Membership Action Plan) or admission,
subject to decision by the NAC (North Atlantic Council) at each stage, based on
the performance of these countries towards meeting the objectives of the North
Atlantic Treaty. We direct that NATO Foreign Ministers keep that process under
continual review and report to us. We welcome the efforts of Albania, Croatia,
and the former Yugoslav Republic of Macedonia to prepare themselves for the
responsibilities and obligations of membership. We reaffirm that the Alliance
will continue with Georgia and Ukraine its Intensified Dialogues which cover
the full range of political, military, financial and security issues relating
to those countries’ aspirations to membership, without prejudice to any
eventual Alliance decision. We reaffirm the importance of the NATO-Ukraine
Distinctive Partnership, which has its 10th anniversary next year and welcome
the progress that has been made in the framework of our Intensified Dialogue.
We appreciate Ukraine’s substantial contributions to our common security,
including through participation in NATO-led operations and efforts to promote
regional cooperation. We encourage Ukraine to continue to contribute to
regional security. We are determined to continue to assist, through practical
cooperation, in the implementation of far-reaching reform efforts, notably in
the fields of national security, defence, reform of the defence-industrial
sector and fighting corruption. We welcome the commencement of an Intensified
Dialogue with Georgia as well as Georgia’s contribution to international
peacekeeping and security operations. We will continue to engage actively with
Georgia in support of its reform process. We encourage Georgia to continue
progress on political, economic and military reforms, including strengthening
judicial reform, as well as the peaceful resolution of outstanding conflicts on
its territory. We reaffirm that it is of great importance that all parties in
the region should engage constructively to promote regional peace and
stability.
.
Contingent upon their continued implementation of democratic, defense, and economic reform, and their willingness and ability to meet the responsibilities of membership in the North Atlantic Treaty Organization and a clear expression of national intent to do so, Congress calls for the timely admission of Albania, Croatia, Georgia, Macedonia (FYROM), and Ukraine to the North Atlantic Treaty Organization to promote security and stability in Europe.
Declarations of policy
Congress—
reaffirms its previous expressions of support for continued enlargement of the North Atlantic Treaty Organization contained in the NATO Participation Act of 1994, the NATO Enlargement Facilitation Act of 1996, the European Security Act of 1998, and the Gerald B. H. Solomon Freedom Consolidation Act of 2002;
supports the commitment to further enlargement of the North Atlantic Treaty Organization to include European democracies that are able and willing to meet the responsibilities of Membership, as expressed by the Alliance in its Madrid Summit Declaration of 1997, its Washington Summit Communiqué of 1999, its Prague Summit Declaration of 2002, its Istanbul Summit Communiqué of 2004, and its Riga Summit Declaration of 2006; and
endorses the vision of further enlargement of the North Atlantic Treaty Organization articulated by President George W. Bush on June 15, 2001, and by former President William J. Clinton on October 22, 1996, and urges our allies in the North Atlantic Treaty Organization to work with the United States to realize a role for the North Atlantic Treaty Organization in promoting global security, including continued support for enlargement to include qualified candidate states, specifically by entering into a Membership Action Plan with Georgia and recognizing the progress toward meeting the responsibilities and obligations of NATO membership by Albania, Croatia, Georgia, Macedonia (FYROM), and Ukraine.
Designation of Albania, Croatia, Georgia, Macedonia (FYROM), and Ukraine as eligible to receive assistance under the NATO Participation Act of 1994
Designation
Albania
The Republic of Albania is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994 (title II of Public Law 103–447; 22 U.S.C. 1928 note), and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act.
Croatia
The Republic of Croatia 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)(1) of such Act.
Georgia
Georgia 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)(1) of such Act.
Macedonia (FYROM)
The Republic of Macedonia (FYROM) 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)(1) of such Act.
Ukraine
Ukraine 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)(1) of such Act.
Rule of construction
The designation of the Republic of Albania, the Republic of Croatia, Georgia, the Republic of Macedonia (FYROM), and Ukraine pursuant to subsection (a) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994—
is in addition to the designation of Poland, Hungary, the Czech Republic, and Slovenia pursuant to section 606 of the NATO Enlargement Facilitation Act of 1996 (title VI of section 101(c) of title I of division A of Public Law 104–208; 22 U.S.C. 1928 note), the designation of Romania, Estonia, Latvia, Lithuania, and Bulgaria pursuant to section 2703(b) of the European Security Act of 1998 (title XXVII of division G of Public Law 105–277; 22 U.S.C. 1928 note), and the designation of Slovakia pursuant to section 4(a) of the Gerald B. H. Solomon Freedom Consolidation Act of 2002 (Public Law 107–187; 22 U.S.C. 1928 note) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994; and
shall not preclude the designation by the President of other countries pursuant to section 203(d)(2) of the NATO Participation Act of 1994 as eligible to receive assistance under the program established under section 203(a) of such Act.
Authorization of security assistance for countries designated under the NATO Participation Act of 1994
Of the amounts made available for fiscal year 2008 under section 23 of the Arms Export Control Act (22 U.S.C. 2763) such sums as may be necessary are authorized to be appropriated for assistance to the Republic of Albania, the Republic of Croatia, Georgia, the Republic of Macedonia (FYROM), and Ukraine.
Speaker of the House of Representatives
Vice President of the United States and President of the Senate