1.Short title; table of
contents
(a)This Act may be cited
as the NATO First
Act
.
(b)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.
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 EuropeIt 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)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
requirementThe 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)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).
3.Authority to build the
capacity of national military forces of certain NATO allies and
partners
(a)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 describedThe 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)Programs authorized under subsection (a) may include the
provision of equipment, supplies, and training.
(2)Programs authorized under subsection (a) shall be
provided in a manner that promotes observance of and respect for human rights
and fundamental freedoms.
(d)
(1)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 lawThe 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 countriesThe 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 authoritiesThe
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)
(1)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)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
notificationNot 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 committeesThe 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)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).
4.Authority to support
the NATO Special Operations Coordination Center
(a)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 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)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 committeesThe 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)There is authorized to be appropriated to the Secretary
of Defense $45,000,000 for fiscal year 2011 to carry out this section.
(2)The
total amount of funds that may be obligated and expended under subsection
(b)(6) may not exceed $20,000,000.
5.Extended
deterrence commitment to Europe
(a)Policy on
extended deterrence commitment to EuropeIt 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 EuropeIn 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)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
requirementThe 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
appropriationsThere 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.
6.Availability of
funds for a long–range missile defense system in Europe
(a)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)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)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 definedFor 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.
7.Short-range air
and missile defense capability in Poland
(a)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)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.
8.Limitation on funds to
reduce certain strategic forces pursuant to treaty or other agreement with the
Russian Federation
(a)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)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 committeesThe 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.
9.Expansion of
United States-Russian Federation joint center to include exchange of data on
missile defense
(a)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)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
appropriationsThere is
authorized to be appropriated to the Secretary of Defense $5,000,000 for fiscal
year 2011 to carry out this section.