[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2797 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2797

To strengthen the United States commitment to transatlantic security by 
  implementing the principles outlined in the Declaration on Alliance 
  Security signed by the heads of state and governments of the North 
Atlantic Treaty Organization in Strasbourg and Kehl on the occasion of 
                 the 60th anniversary of the Alliance.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 2009

  Mr. Turner (for himself and Mr. Marshall) introduced the following 
  bill; which was referred to the Committee on Armed Services, and in 
   addition to the Committee on Foreign Affairs, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To strengthen the United States commitment to transatlantic security by 
  implementing the principles outlined in the Declaration on Alliance 
  Security signed by the heads of state and governments of the North 
Atlantic Treaty Organization in Strasbourg and Kehl on the occasion of 
                 the 60th anniversary of the Alliance.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``NATO First Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Limitations on closure of United States military installations 
                            and alteration of basing arrangements in 
                            European Command theater of operations.
Sec. 3. Authority to build the capacity of national military forces of 
                            certain NATO allies and partners.
Sec. 4. Authority to support the NATO Special Operations Coordination 
                            Center.
Sec. 5. Extended deterrence commitment to Europe.
Sec. 6. Availability of funds for a long-range missile defense system 
                            in Europe.
Sec. 7. Short-range air and missile defense capability in Poland.
Sec. 8. Limitation on funds to reduce certain strategic forces pursuant 
                            to treaty or other agreement with the 
                            Russian Federation.
Sec. 9. Expansion of United States-Russian Federation joint center to 
                            include exchange of data on missile 
                            defense.

SEC. 2. LIMITATIONS ON CLOSURE OF UNITED STATES MILITARY INSTALLATIONS 
              AND ALTERATION OF BASING ARRANGEMENTS IN EUROPEAN COMMAND 
              THEATER OF OPERATIONS.

    (a) Policy on Current Force Structure in Europe.--It is the policy 
of the United States that the current deployment of units of the United 
States Armed Forces at military installations in European member 
nations of the North Atlantic Treaty Organization is a force-structure 
arrangement and set of military capabilities to permit the United 
States--
            (1) to satisfy the commitments undertaken by United States 
        pursuant to Article 5 of the North Atlantic Treaty, signed at 
        Washington, District of Columbia, on April 4, 1949, and entered 
        into force on August 24, 1949 (63 Stat. 2241; TIAS 1964);
            (2) to address the current security environment in Europe, 
        including United States participation in theater cooperation 
        activities; and
            (3) to contribute to peace and stability in Europe.
    (b) Certification Required for European Base Closures and Basing 
Changes.--
            (1) Certification.--In light of the policy expressed in 
        subsection (a), no action may be taken to effect or implement 
        the closure of any military installation in a European member 
        nation of the North Atlantic Treaty Organization at which a 
        unit of the United States Armed Forces is based or to alter the 
        permanent basing arrangement of a unit of the Armed Forces at 
        the installation unless--
                    (A) the closure of the installation is requested by 
                the government of the host nation in the manner 
                provided in the agreement between the United States and 
                the host nation regarding the installation; or
                    (B) the Secretary of Defense certifies that--
                            (i) the current number or arrangement of 
                        United States military installations in 
                        European member nations of the North Atlantic 
                        Treaty Organization or the permanent basing of 
                        units at these installations is no longer the 
                        force-structure arrangement and set of military 
                        capabilities necessary to achieve the policy 
                        objectives specified in paragraphs (1), (2), 
                        and (3) of subsection (a); and
                            (ii) the closure of an installation or 
                        alteration of the permanent basing arrangement 
                        at the installation will not impair the ability 
                        of the United States to achieve the policy 
                        objectives specified in such paragraphs.
            (2) Notice and wait requirement.--The Secretary of Defense 
        may not commence the closure of a military installation or the 
        alteration of the permanent basing arrangement of a unit at the 
        installation for which the certification required by paragraph 
        (1)(B) is made until the expiration of a 180-day period 
        beginning on the date on which the Secretary submits a report 
        containing the certification to the Committees on Armed 
        Services of the Senate and House of Representatives.
            (3) Report requirements.--The report under paragraph (2) 
        shall also include the following:
                    (A) The rationale of the Secretary of Defense for 
                the certification.
                    (B) The proposals of the Secretary regarding 
                closure of United States military installations in 
                European member nations of the North Atlantic Treaty 
                Organization and the alteration of the permanent basing 
                arrangements of units at the installations so as not to 
                impair the policy objectives specified in paragraphs 
                (1), (2), and (3) of subsection (a).

SEC. 3. AUTHORITY TO BUILD THE CAPACITY OF NATIONAL MILITARY FORCES OF 
              CERTAIN NATO ALLIES AND PARTNERS.

    (a) Authority.--The Secretary of Defense, with the concurrence of 
the Secretary of State, is authorized to conduct or support programs to 
build the capacity of the national military forces of foreign countries 
described in subsection (b) to support the theater priorities of the 
Commander of the United States European Command.
    (b) Foreign Countries Described.--The foreign countries described 
in this subsection are--
            (1) member states of the North Atlantic Treaty Organization 
        (NATO), and
            (2) countries participating in NATO's Partnership for Peace 
        program,
that are eligible for assistance under section 23 of the Arms Export 
Control Act (22 U.S.C. 2763; relating to the Foreign Military Financing 
program).
    (c) Types of Capacity Building.--
            (1) Authorized elements.--Programs authorized under 
        subsection (a) may include the provision of equipment, 
        supplies, and training.
            (2) Required elements.--Programs authorized under 
        subsection (a) shall be provided in a manner that promotes 
        observance of and respect for human rights and fundamental 
        freedoms.
    (d) Limitations.--
            (1) Funding limitation.--The Secretary of Defense may use 
        up to $200,000,000 of funds made available to the Department of 
        Defense for operation and maintenance for fiscal years 2011 and 
        2012 to conduct or support programs authorized under subsection 
        (a). Subject to subsection (i), amounts authorized to be used 
        by the Secretary of Defense pursuant to the authority of this 
        paragraph are authorized to remain available until September 
        30, 2015.
            (2) Assistance otherwise prohibited by law.--The Secretary 
        of Defense may not use the authority in subsection (a) to 
        provide any type of assistance described in subsection (c) that 
        is otherwise prohibited by any provision of law.
            (3) Limitation on eligible countries.--The Secretary of 
        Defense may not use the authority in subsection (a) to provide 
        assistance described in subsection (c) to any foreign country 
        that is otherwise prohibited from receiving such type of 
        assistance under any other provision of law.
    (e) Relation to Other Authorities.--The authority in subsection (a) 
to provide assistance described in subsection (c) is in addition to the 
authority under section 1206 of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456; relating to 
authority to build the capacity of foreign military forces) and the 
authority under any other similar provision of law.
    (f) Implementation Plan.--
            (1) Submission required.--The Secretary of Defense shall 
        submit to the congressional committees specified in subsection 
        (h) a plan for the implementation of programs under subsection 
        (a) and the allocation of funds under programs under subsection 
        (a) for each of the fiscal years 2011 and 2012. Such plans 
        shall be submitted in conjunction with the budget submitted to 
        Congress by the President pursuant to section 1105(a) of title 
        31, United States Code, for each of the fiscal years 2011 and 
        2012.
            (2) Elements of plan.--In the plan required by subsection 
        (a), the Secretary of Defense shall identify how the programs 
        to be conducted or supported to build the capacity of the 
        foreign military forces will--
                    (A) permit the United States to satisfy the 
                commitments undertaken by United States pursuant to 
                Article 5 of the North Atlantic Treaty, signed at 
                Washington, District of Columbia, on April 4, 1949, and 
                entered into force on August 24, 1949 (63 Stat. 2241; 
                TIAS 1964);
                    (B) address the current security environment in 
                Europe, including United States participation in 
                theater cooperation activities; and
                    (C) contribute to peace and stability in Europe.
    (g) Congressional Notification.--Not less than 15 days before 
initiating activities for any foreign country under a program under 
subsection (a), the Secretary of Defense shall submit to the 
congressional committees specified in subsection (h) a notice of the 
following:
            (1) The foreign country whose capacity to engage in 
        activities described in subsection (a) will be built.
            (2) The budget, types of assistance, and completion date 
        for the program.
            (3) The source and planned expenditure of funds for the 
        program.
    (h) Specified Congressional Committees.--The congressional 
committees specified in this subsection are the following:
            (1) The Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives.
            (2) The Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Appropriations of the 
        Senate.
    (i) Termination.--The authority provided under subsection (a) 
terminates at the close of September 30, 2013. Any program established 
before that date may be completed after that date, but only using funds 
authorized to be used by the Secretary of Defense pursuant to the 
authority of subsection (d)(1).

SEC. 4. AUTHORITY TO SUPPORT THE NATO SPECIAL OPERATIONS COORDINATION 
              CENTER.

    (a) Authority.--The Secretary of Defense is authorized to provide 
assistance to the North Atlantic Treaty Organization (NATO) Special 
Operations Coordination Center (NSCC) to support the activities 
described in subsection (b).
    (b) Activities Supported.--Activities that may be supported by 
assistance under subsection (a) include--
            (1) improving coordination and cooperation between the 
        special operations forces of NATO member states;
            (2) facilitating joint operations by such special 
        operations forces;
            (3) supporting command, control, and communications 
        capabilities of such special operations forces;
            (4) promoting intelligence and informational requirements 
        of such special operations forces within the NATO structure;
            (5) promoting interoperability of such special operations 
        forces through the development of common equipment standards 
        and tactics, techniques, and procedures and through execution 
        of a multinational education and training program; and
            (6) constructing NSCC-related facilities.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall certify to the 
congressional committees specified in subsection (d) that the 
Department of Defense has assigned executive agent responsibility for 
the NSCC to an appropriate organization within the Department of 
Defense and detail the steps being undertaken by the United States to 
strengthen the role of the NSCC in fostering special operations 
capabilities within NATO.
    (d) Specified Congressional Committees.--The congressional 
committees specified in this subsection are the Committee on Armed 
Services of the House of Representatives and the Committee on Armed 
Services of the Senate.
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary of Defense $45,000,000 for fiscal year 2011 to 
        carry out this section.
            (2) Limitation.--The total amount of funds that may be 
        obligated and expended under subsection (b)(6) may not exceed 
        $20,000,000.

SEC. 5. EXTENDED DETERRENCE COMMITMENT TO EUROPE.

    (a) Policy on Extended Deterrence Commitment to Europe.--It is the 
policy of the United States that--
            (1) it maintain its commitment to extended deterrence, 
        specifically the nuclear alliance of the North Atlantic Treaty 
        Organization, as an important component of ensuring and linking 
        the national security interests of the United States and the 
        security of its European allies; and
            (2) forward-deployed nuclear forces of the United States 
        shall remain based in Europe in support of the nuclear policy 
        and posture of NATO.
    (b) Limitation on Reductions in Nuclear Forces Based in Europe.--In 
light of the policy expressed in subsection (a), no action may be taken 
to effect or implement the reduction of nuclear forces of the United 
States that are based in Europe unless--
            (1) the reduction in such nuclear forces is requested by 
        the government of the host nation in the manner provided in the 
        agreement between the United States and the host nation 
        regarding the forces; or
            (2) the President certifies that--
                    (A) the nuclear policy and nuclear posture of NATO 
                has changed, reducing the need for such nuclear forces 
                to be based in Europe;
                    (B) NATO member states have considered the 
                reduction in the High Level Group and NATO has decided 
                to support such reduction;
                    (C) the remaining nuclear forces of the United 
                States that are based in Europe after such reduction 
                provide a commensurate or better level of safety, 
                security, reliability, and credibility as before such 
                reduction; and
                    (D) such reduction is compensated by other measures 
                (such as nuclear modernization, conventional forces, 
                and missile defense) which together provide a 
                commensurate or better deterrence capability and 
                assurance of NATO member states in a manner consistent 
                with the NATO Strategic Concept.
    (c) Report.--Upon any decision to reduce the nuclear forces of the 
United States that are based in Europe, the President shall submit to 
the Committees on Armed Services of the Senate and House of 
Representatives a report containing--
            (1) the certification required by subsection (b)(2);
            (2) justification for such reduction; and
            (3) an assessment of how NATO member states, in light of 
        such reduction, assess the credibility of the deterrence 
        capability of the United States in support of its commitments 
        undertaken pursuant to Article 5 of the North Atlantic Treaty, 
        signed at Washington, District of Columbia, on April 4, 1949, 
        and entered into force on August 24, 1949 (63 Stat. 2241; TIAS 
        1964).
    (d) Notice and Wait Requirement.--The President may not commence a 
reduction in the nuclear forces of the United States that are based in 
Europe for which the certification required by subsection (b)(2) is 
made until the expiration of a 180-day period beginning on the date on 
which the President submits the report under subsection (c) containing 
the certification.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Defense a total of $50,000,000 for 
fiscal years 2011 and 2012 for upgrading the safety, security, and 
reliability of the nuclear forces of the United States that are based 
in Europe.

SEC. 6. AVAILABILITY OF FUNDS FOR A LONG-RANGE MISSILE DEFENSE SYSTEM 
              IN EUROPE.

    (a) Findings.--Congress finds the following:
            (1) Missile defense promotes the collective security of the 
        United States and NATO and improves linkages among member 
        nations of NATO by defending all members of NATO against the 
        full range of missile threats.
            (2) The proposed European locations of the long-range 
        missile defense system allow for the defense of both Europe and 
        the United States against long-range threats launched from the 
        Middle East.
    (b) Reservation of Funds.--Of the funds appropriated pursuant to an 
authorization of appropriations made available for fiscal years 2011 
and 2012 for the Missile Defense Agency, $500,000,000 shall be 
available only for a long-range missile defense system in Europe as 
described in paragraph (1) or (2) of subsection (c).
    (c) Use of Funds.--Funds reserved under subsection (b) may be 
obligated and expended by the Secretary of Defense--
            (1) on the research, development, test, and evaluation, 
        procurement, site activation, construction, preparation of, 
        equipment for, or deployment of--
                    (A) the proposed midcourse radar element of the 
                ground-based midcourse defense system in the Czech 
                Republic; and
                    (B) the proposed long-range missile defense 
                interceptor site element of such defense system in 
                Poland; or
            (2) on the research, development, test, and evaluation, 
        procurement, site activation, construction, preparation of, 
        equipment for, or deployment of an alternative missile defense 
        system (such as the Aegis ballistic missile defense system), if 
        the Secretary submits to the congressional defense committees a 
        report certifying that the alternative missile defense system 
        is expected to be--
                    (A) at least as cost-effective, technically 
                reliable, and operationally available in protecting 
                Europe and the United States from long-range missile 
                threats as the ground-based midcourse defense system;
                    (B) deployable in a sufficient amount of time based 
                on the amount of time the intelligence community 
                determines that ballistic missiles launched from the 
                Middle East could reach Europe and the United States; 
                and
                    (C) interoperable with other components of missile 
                defense and compliments NATO's missile defense 
                strategy.
    (d) Congressional Defense Committees Defined.--For purposes of this 
section, the term ``congressional defense committees'' has the meaning 
given that term in section 101(a)(16) of title 10, United States Code.

SEC. 7. SHORT-RANGE AIR AND MISSILE DEFENSE CAPABILITY IN POLAND.

    (a) In General.--Not later than 2012, and pursuant to an agreement 
between the United States and the Government of Poland, the Secretary 
of Defense shall deploy a system providing a short-range air and 
missile defense capability and the personnel required to operate and 
maintain such system to Poland.
    (b) Prohibition on Removal.--No action may be taken to effect or 
implement the removal of the system providing a short-range air and 
missile defense capability or the personnel required to operate and 
maintain such system under subsection (a) unless--
            (1) at least 30 days before the removal, the Secretary of 
        Defense notifies Congress that such removal is temporary and in 
        the national security interests of the United States; or
            (2) the removal is requested by the Government of Poland in 
        the manner provided in the agreement between the United States 
        and the Government of Poland regarding the system and 
        personnel.

SEC. 8. LIMITATION ON FUNDS TO REDUCE CERTAIN STRATEGIC FORCES PURSUANT 
              TO TREATY OR OTHER AGREEMENT WITH THE RUSSIAN FEDERATION.

    (a) Limitation.--Funds made available to the Department of Defense 
may be used to implement reductions in the strategic nuclear forces of 
the United States pursuant to any treaty or other agreement entered 
into between the United States and the Russian Federation after the 
date of enactment of this Act only if the President certifies to 
Congress that--
            (1) the treaty or other agreement provides for significant 
        reductions in the non-strategic nuclear weapons capability of 
        the Russian Federation;
            (2) the treaty or other agreement provides for sufficient 
        mechanisms to verify compliance with the treaty or agreement, 
        including the commitments described in paragraph (1);
            (3) the treaty or other agreement does not place reductions 
        or limitations on the ballistic missile defense, space, or 
        advanced conventional weapon capabilities of the United States; 
        and
            (4) a program is established and sufficiently funded to--
                    (A) increase the reliability, safety, and  security 
                of the remaining strategic nuclear forces of the United 
                States; and
                    (B) modernize the nuclear weapons complex.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the President shall submit to the congressional committees 
specified in subsection (c) a report on the stockpiles of strategic and 
tactical weapons of the United States and the Russian Federation.
    (c) Specified Congressional Committees.--The congressional 
committees specified in this subsection are the following:
            (1) The Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives.
            (2) The Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.

SEC. 9. EXPANSION OF UNITED STATES-RUSSIAN FEDERATION JOINT CENTER TO 
              INCLUDE EXCHANGE OF DATA ON MISSILE DEFENSE.

    (a) Expansion Authorized.--In conjunction with the Government of 
the Russian Federation, the Secretary of Defense may expand the United 
States-Russian Federation joint center for the exchange of data from 
early warning systems for launches of ballistic missiles, as 
established pursuant to section 1231 of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106-398; 114 Stat. 1654A-329), to include the exchange of 
data on missile defense-related activities.
    (b) Report Required.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report on plans for expansion of the joint data exchange center.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Defense $5,000,000 for fiscal year 
2011 to carry out this section.
                                 <all>