[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5338 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5338

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 THE HOUSE OF REPRESENTATIVES

                              May 18, 2010

Mr. Turner (for himself, Mr. Marshall, Mr. Shuster, and Mr. Thornberry) 
 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.

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

SECTION 1. SHORT TITLE AND 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 and table of contents.
Sec. 2. Policy on current United States force structure in Europe and 
                            report on future changes in composition and 
                            capabilities.
Sec. 3. Codification of congressional notification requirement before 
                            permanent relocation of any United States 
                            military unit stationed outside the United 
                            States.
Sec. 4. Modification and extension of authorities relating to program 
                            to build the capacity of foreign military 
                            forces to support the European Command and 
                            other geographic combatant commands.
Sec. 5. Extended deterrence commitment to Europe.
Sec. 6. Availability of funds for long-range missile defense in Europe.
Sec. 7. Sense of Congress on missile defense and New Start Treaty with 
                            Russian Federation.
Sec. 8. Air Force scholarships for Partnership for Peace nations to 
                            participate in the Euro-NATO Joint Jet 
                            Pilot Training Program.

SEC. 2. POLICY ON CURRENT UNITED STATES FORCE STRUCTURE IN EUROPE AND 
              REPORT ON FUTURE CHANGES IN COMPOSITION AND CAPABILITIES.

    (a) Force Structure Policy.--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 that are adequate 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) Report on Force Structure Changes in Composition and 
Capabilities.--
            (1) Report required.--Not later than one year 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 evaluating potential 
        changes in the composition and capabilities of units of the 
        United States Armed Forces at military installations in 
        European member nations of the North Atlantic Treaty 
        Organization--
                    (A) to better achieve the policy objectives 
                specified in paragraphs (1), (2), and (3) of subsection 
                (a); and
                    (B) to better utilize such units to respond to 
                other United States national security responsibilities.
            (2) Matters to be considered.--As part of the report, the 
        Secretary of Defense shall consider--
                    (A) the stationing of advisory and assist brigades 
                at military installations in Europe;
                    (B) the expanded use of Joint Task Forces to train 
                and build mutual capabilities with partner countries; 
                and
                    (C) the stationing of units of the United States 
                Armed Forces to support missile defense and cyber-
                security missions.

SEC. 3. CODIFICATION OF CONGRESSIONAL NOTIFICATION REQUIREMENT BEFORE 
              PERMANENT RELOCATION OF ANY UNITED STATES MILITARY UNIT 
              STATIONED OUTSIDE THE UNITED STATES.

    (a) Codification and Related Report.--Chapter 6 of title 10, United 
States Code, is amended by inserting after section 162 the following 
new section:
``Sec. 162a. Congressional notification before permanent relocation of 
              military units stationed outside the United States
    ``(a) Notification Requirement.--The Secretary of Defense shall 
notify Congress at least 30 days before the permanent relocation of a 
unit stationed outside the United States.
    ``(b) Elements of Notification.--The notification required by 
subsection (a) shall include a description of the following:
            ``(1) How relocation of the unit supports the United States 
        national security strategy.
            ``(2) How relocation of the unit supports the security 
        commitments undertaken by the United States pursuant to any 
        international security treaty, including the North Atlantic 
        Treaty, the Treaty of Mutual Cooperation and Security between 
        the United States and Japan, and the Security Treaty Between 
        Australia, New Zealand, and the United States of America.
            ``(3) How relocation of the unit addresses the current 
        security environment in the affected geographic combatant 
        command's area of responsibility, including United States 
        participation in theater security cooperation activities and 
        bilateral partnership, exchanges, and training exercises.
            ``(4) How relocation of the unit impacts the status of 
        overseas base closure and realignment actions undertaken as 
        part of a global defense posture realignment strategy and the 
        status of development and execution of comprehensive master 
        plans for overseas military main operating bases, forward 
        operating sites, and cooperative security locations of the 
        global defense posture of the United States.
    ``(c) Exceptions.--Subsection (a) does not apply in the case of--
            ``(1) the relocation of a unit deployed to a combat zone; 
        or
            ``(2) the relocation of a unit as the result of closure of 
        an overseas installation at the request of the government of 
        the host nation in the manner provided in the agreement between 
        the United States and the host nation regarding the 
        installation.
    ``(d) Definitions.--In this section:
            ``(1) Combat zone.--The term `combat zone' has the meaning 
        given that term in section 112(c)(2) of the Internal Revenue 
        Code of 1986.
            ``(2) Geographic combatant command.--The term `geographic 
        combatant command' means a combatant command with a geographic 
        area of responsibility that does not include North America.
            ``(3) Unit.--The term `unit' has the meaning determined by 
        the Secretary of Defense for purposes of this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
162 the following new item:

``162a. Congressional notification before permanent relocation of 
                            military units stationed outside the United 
                            States.''.
    (c) Repeal of Superceded Notification Requirement.--Section 1063 of 
the National Defense Authorization Act for Fiscal Year 2010 (Public Law 
111-84; 123 Stat. 2469; 10 U.S.C. 113 note) is repealed.

SEC. 4. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO PROGRAM 
              TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES TO 
              SUPPORT THE EUROPEAN COMMAND AND OTHER GEOGRAPHIC 
              COMBATANT COMMANDS.

    (a) Authority.--Subsection (a) of section 1206 of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 
Stat. 3456), as most recently amended by section 1206(a) of the Duncan 
Hunter National Defense Authorization for Fiscal Year 2009 (Public Law 
110-417; 122 Stat. 4625), is further amended by adding at the end the 
following:
            ``(3) To build the capacity of a foreign country's national 
        military forces in order for that country to support the 
        theater priorities of the applicable geographic combatant 
        command.''.
    (b) Limitations.--
            (1) Annual funding limitation.--Subsection (c)(1) of such 
        section, as amended by section 1206(b) of the Duncan Hunter 
        National Defense Authorization Act for Fiscal Year 2009 (Public 
        Law 110-417; 122 Stat. 4625), is further amended by striking 
        ``$350,000,000'' and inserting ``$500,000,000''.
            (2) Availability of funds for activities across fiscal 
        years.--Subsection (c)(4) of such section is amended by 
        striking ``the next fiscal year'' and inserting ``any of the 
        next 2 fiscal years''.
    (c) Implementation Plan; Definition.--Such section is further 
amended--
            (1) by redesignating subsection (g) as subsection (i); and
            (2) by inserting after subsection (f) the following:
    ``(g) Report on Implementation Plan.--
            ``(1) In general.--The Secretary of Defense shall submit to 
        the congressional committees specified in subsection (e)(3) a 
        report on the plan for the implementation of the program 
        described in subsection (a)(3) and the allocation of funds 
        under such program for each of fiscal years 2011 through 2013. 
        Such plan 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 fiscal 
        years 2011 through 2013.
            ``(2) Matters covered.--The report required under paragraph 
        (1) shall contain a description of--
                    ``(A) how the plan supports the United States 
                national security strategy;
                    ``(B) how the plan addresses the current security 
                environment in each geographic combatant command's area 
                of responsibility, including United States 
                participation in theater security cooperation 
                activities and bilateral partnership, exchanges, and 
                training exercises; and
                    ``(C) any comments resulting from an interagency 
                review of the plan that includes the Department of 
                State and other relevant Federal departments and 
                agencies.
    ``(h) Definition.--In this section, the term `geographic combatant 
command' means a combatant command with a geographic area of 
responsibility that does not include North America.''.
    (d) Two-Year Extension of Authority.--Subsection (i) of such 
section, as redesignated by subsection (d)(1) of this section and as 
most recently amended by section 1206(c) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
Stat. 4625), is further amended by--
            (1) by striking ``September 30, 2011'' and inserting 
        ``September 30, 2013''; and
            (2) by striking ``fiscal years 2006 through 2011'' and 
        inserting ``fiscal years 2006 through 2013''.

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;
            (2) forward-deployed nuclear forces of the United States 
        shall remain based in Europe in support of the nuclear policy 
        and posture of NATO; and
            (3) the presence of nuclear weapons of the United States in 
        Europe--combined with NATO's unique nuclear sharing 
        arrangements under which non-nuclear members participate in 
        nuclear planning and possess specially configured aircraft 
        capable of delivering nuclear weapons--contributes to the 
        cohesion of NATO and provides reassurance to allies and 
        partners who feel exposed to regional threats.
    (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;
                    (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; and
                    (E) the Russian Federation has made commensurate 
                reductions to its deployed tactical nuclear weapons.
    (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 and the Administrator for 
Nuclear Security a total of $300,000,000 for fiscal year 2011 for--
            (1) developing the F-35 Lightning II aircraft into a dual-
        capable aircraft by outfitting it with a nuclear-capable 
        delivery system; and
            (2) supporting the life extension program for the B61 
        gravity bomb.

SEC. 6. AVAILABILITY OF FUNDS FOR LONG-RANGE MISSILE DEFENSE 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 Director of National Intelligence, appearing before 
        the Senate Select Committee on Intelligence on February 2, 
        2010, testified that, ``The Iranian regime continues to flout 
        UN Security Council restrictions on its nuclear program . . . 
        We judge Iran would likely choose missile delivery as its 
        preferred method of delivering a nuclear weapon. Iran already 
        has the largest inventory of ballistic missiles in the Middle 
        East and it continues to expand the scale, reach, and 
        sophistication of its ballistic missile forces--many of which 
        are inherently capable of carrying a nuclear payload.''.
            (3) The Unclassified Report on Military Power of Iran, 
        dated April 2010, states that, ``With sufficient foreign 
        assistance, Iran could probably develop and test an 
        intercontinental ballistic missile (ICBM) capable of reaching 
        the United States by 2015. Iran could also have an 
        intermediate-range ballistic missile (IRBM) capable of 
        threatening Europe.''.
            (4) However, phase 3 of the proposed phased, adaptive 
        approach for missile defense in Europe is planned to provide 
        coverage of all of Europe by 2018 and phase 4 is planned to 
        provide additional coverage of the United States by 2020.
            (5) According to the February 2010 Ballistic Missile 
        Defense Review, the United States will continue the development 
        and assessment of a two-stage ground-based interceptor as part 
        of a hedging strategy and, as further noted by the Under 
        Secretary of Defense for Policy during testimony before the 
        Committee on Armed Services of the House of Representatives on 
        October 1, 2009, ``We keep the development of the two-stage 
        [ground-based interceptor] on the books as a hedge in case 
        things come earlier, in case there's any kind of technological 
        challenge with the later models of the SM-3.''.
    (b) Policy.--It shall be the policy of the United States to--
            (1) field long-range missile defenses in Europe that 
        provide territorial defense of all NATO allies from 
        intercontinental and intermediate-range ballistic missiles by 
        the time such threats materialize;
            (2) ensure that the standard missile-3 block IIA 
        interceptors provide full coverage of Europe against medium- 
        and intermediate-range ballistic missiles launched from the 
        Middle East and that the standard missile-3 block IIB 
        interceptors provide additional coverage of the United States 
        against intercontinental ballistic missiles launched from the 
        Middle East; and
            (3) continue the development and testing of the two-stage 
        ground-based interceptor to maintain it--
                    (A) in the event that the long-range ballistic 
                missile threat materializes sooner than the planned 
                availability of the standard missile-3 block IIA or 
                block IIB interceptor missiles;
                    (B) in the event of technical challenges associated 
                with the standard missile-3 interceptor missile; and
                    (C) as a complement to the missile defense 
                capabilities deployed in Alaska and California for the 
                defense of the United States.
    (c) Reservation of Funds.--Of the funds appropriated pursuant to an 
authorization of appropriations made available for fiscal years 2012 
and 2013 for the Missile Defense Agency, $300,000,000 shall be 
available only for long-range missile defense in Europe as described 
subsection (d).
    (d) Use of Funds.--Funds reserved under subsection (c) may be 
obligated and expended by the Secretary of Defense--
            (1) to accelerate the research, development, test, 
        evaluation, procurement, and fielding of a standard missile-3 
        block IIA or block IIB interceptor capable of intercepting 
        intermediate or intercontinental ballistic missiles;
            (2) on the research, development, test, evaluation, 
        procurement, and fielding of a two-stage ground-based 
        interceptor; and
            (3) on an additional flight test of a two-stage ground-
        based interceptor.

SEC. 7. SENSE OF CONGRESS ON MISSILE DEFENSE AND NEW START TREATY WITH 
              RUSSIAN FEDERATION.

    (a) Findings.--Congress finds the following:
            (1) The United States and the Russian Federation signed the 
        Treaty between the United States of America and the Russian 
        Federation on Measures for the Further Reduction and Limitation 
        of Strategic Offensive Arms (commonly known as the ``New START 
        Treaty'') on April 8, 2010.
            (2) The preamble of the New START Treaty states, 
        ``Recognizing the existence of the interrelationship between 
        strategic offensive arms and strategic defensive arms, that 
        this interrelationship will become more important as strategic 
        nuclear arms are reduced, and that current strategic defensive 
        arms do not undermine the viability and effectiveness of the 
        strategic offensive arms of the Parties.''.
            (3) Officials of the United States have stated that the New 
        START Treaty does not restrain the program for missile defense 
        of the United States at bases in California and Alaska, nor 
        does it restrain the phased, adaptive approach for missile 
        defense in Europe.
            (4) However, a statement from the office of the Russian 
        president states, ``The Treaty between the Russian Federation 
        and the United States of America on the Reduction and 
        Limitation of Strategic Offensive Arms signed in Prague on 
        April 8, 2010, can operate and be viable only if the United 
        States of America refrains from developing its missile defence 
        capabilities quantitatively or qualitatively.''.
            (5) Additionally, Russian Foreign Minister Sergei Lavrov 
        stated that Russia would have the right to withdraw from the 
        treaty ``if the U.S.'s build-up of its missile defense 
        strategic potential in numbers and quality begins to 
        considerably affect the efficiency of Russian strategic nuclear 
        forces.''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) there are no limitations on any phases of the phased, 
        adaptive approach to missile defense resulting from 
        ratification of the New START treaty between the United States 
        and Russia, signed on 8 April 2010;
            (2) the United States should deploy all four phases of the 
        phased, adaptive approach for missile defense in Europe to 
        protect the United States, deployed forces, and NATO allies 
        against short, medium, and long-range ballistic missile threats 
        consistent with the announced time lines of such threats; and
            (3) the ground-based midcourse defense system in Alaska and 
        California should be maintained, evolved, and expanded because 
        it is the only missile defense capability as of the date of the 
        enactment of this Act that would protect the United States from 
        the growing threat of a long-range ballistic missile attack.

SEC. 8. AIR FORCE SCHOLARSHIPS FOR PARTNERSHIP FOR PEACE NATIONS TO 
              PARTICIPATE IN THE EURO-NATO JOINT JET PILOT TRAINING 
              PROGRAM.

    (a) Scholarships Authorized.--Chapter 901 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 9325. Euro-NATO Joint Jet Pilot Training Program: participation 
              scholarships for Partnership for Peace nations
    ``(a) Establishment of Scholarship Program.--Under regulations 
prescribed by the Secretary of Defense, the Secretary of the Air Force 
shall establish and maintain a scholarship program to allow personnel 
of the air forces of countries that are signatories of the Partnership 
for Peace Framework Document to receive undergraduate pilot training 
and necessary related training through the Euro-NATO Joint Jet Pilot 
Training (ENJJPT) program.
    ``(b) Transportation, Supplies, and Allowance.--Under such 
conditions as the Secretary of the Air Force may prescribe, the 
Secretary may provide to a person receiving a scholarship under the 
scholarship program--
            ``(1) transportation incident to the training received 
        under the ENJJPT program;
            ``(2) supplies and equipment to be used during the 
        training;
            ``(3) flight clothing and other special clothing required 
        for the training;
            ``(4) billeting, food, and health services; and
            ``(5) a living allowance at a rate to be prescribed by the 
        Secretary, taking into account the amount of living allowances 
        authorized for a member of the armed forces under similar 
        circumstances.
    ``(c) Rules of Construction.--(1) The provision of scholarships 
under the scholarship program to personnel of an air force of a foreign 
country shall not be construed or interpreted to imply diplomatic 
recognition of the country as a member of the North Atlantic Treaty 
Organization.
    ``(2) Nothing in this section shall be construed or interpreted to 
supersede the authority of the ENJJPT Steering Committee under the 
ENJJPT Memorandum of Understanding. Countries whose air force personnel 
receive scholarships under the scholarship program shall not have 
privilege of ENJJPT Steering Committee representation.
    ``(d) Cost-Sharing.--For purposes of ENJJPT cost-sharing, personnel 
of an air force of a foreign country who receive a scholarship under 
the scholarship program shall be counted as United States pilots.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``9325. Euro-NATO Joint Jet Pilot Training Program: participation 
                            scholarships for Partnership for Peace 
                            nations.''.
                                 <all>