1.This Act may be cited as
the NATO-Western Balkans Support Act
of 2009
.
2.Congress makes the following
findings:
(1)The commitment of
the North Atlantic Treaty Organization (NATO) to mutual defense and the
territorial integrity of its members has advanced the democratic transformation
of Central and Eastern Europe and significantly enhanced the security of
Europe. Nowhere in Europe has the search for sustainable peace been more
challenging than in the Western Balkans. NATO has the ability to encourage the
countries of the Western Balkans to embrace collective security, consolidate
their democratic gains, and extend their commitment to integration in
Euro-Atlantic institutions.
(2)NATO membership
offers the ultimate protection against perceived external threats and has
demonstrated its role in lowering regional tensions. Croatia’s successful
accession to NATO has encouraged other states of the Western Balkans to
consider the possibility of their own membership more seriously. Bosnia and
Herzegovina and Montenegro are already seriously engaged in the process of
meeting NATO membership criteria as active members of the Partnership for Peace
and Intensified Dialogue with NATO.
(3)In Western Balkan
states like Bosnia and Herzegovina and Montenegro, the process of NATO
accession can provide focus for ongoing efforts to improve the functionality
and efficiency of the armed forces and the state more broadly. In Bosnia and
Herzegovina, many reforms necessary to improve the functionality of the state,
such as resolution of the defense-related property issue, are also necessary
for NATO membership.
(4)The success of
Serbia is central to the success of the Western Balkans. The United States
Government welcomes the decision of the democratically elected Government of
Serbia to join the Partnership for Peace Program in 2006 and encourages as
strong a relationship as is possible between NATO and the Government and people
of Serbia. As Vice President Joseph Biden said in Belgrade on May 20, 2009,
The United States strongly supports Serbian membership in the European
Union and expanding security cooperation between Serbia, the United States, and
our allies. We will use our influence, our energy, and our resources to promote
Serbia's Euro-Atlantic aspirations.
.
(5)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
.
(6)Under the NATO
Enlargement Facilitation Act of 1996 (as enacted into law by 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 NATO, 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
.
(7)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
.
(8)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.
.
(9)At the Madrid
Summit of the North Atlantic Treaty Organization in July 1997, Poland, Hungary,
and the Czech Republic were invited to join NATO, and the North Atlantic Treaty
Organization heads of state and government issued a declaration stating,
The alliance expects to extend further invitations in coming years to
nations willing and able to assume the responsibilities and obligations of
membership . . . No European democratic country whose admission would fulfill
the objectives of the [North Atlantic] Treaty will be excluded from
consideration
.
(10)At the
Washington, DC, Summit of the North Atlantic Treaty Organization in April 1999,
the North Atlantic Treaty Organization heads of state and government issued a
communique declaring, We 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 . . . The three
new members will not be the last . . . No European democratic country whose
admission would fulfill the objectives of the Treaty will be excluded from
consideration, regardless of its geographic location
.
(11)On June 15,
2001, in a speech in Warsaw, Poland, President George W. Bush stated,
All 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
…
.
(12)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 . . . No nation will be
automatically excluded . . . No country outside NATO will have a veto . . . A
gray zone of insecurity must not reemerge in Europe.
.
(13)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 NATO 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.
.
(14)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 communique
reaffirming that NATO's door remains open to new members, declaring, We
celebrate the success of NATO's Open Door Policy, and reaffirm today that our
seven new members will not be the last. The door to membership remains
open.
.
(15)At the Riga
Summit of the NATO Alliance November 2006, NATO heads of state and government
affirmed in their declaration that Bosnia and Herzegovina, Montenegro
and Serbia can offer valuable contributions to regional stability and
security
and that NATO should encourage further positive
developments in the region on its path towards Euro-Atlantic
integration
. It was at Riga that Bosnia and Herzegovina, Montenegro,
and Serbia were offered membership in the Partnership for Peace and
Euro-Atlantic Partnership Council.
(16)At the Bucharest
Summit of the NATO Alliance in April 2008, the NATO heads of state and
government issued a declaration stating that in the Balkans,
Euro-Atlantic integration, based on democratic values and regional
cooperation, remains necessary for lasting peace and stability.
The
Declaration also noted that we have decided to invite Bosnia and
Herzegovina and Montenegro to begin an Intensified Dialogue on the full range
of political, military, financial, and security issues relating to their
aspirations to membership
.
(17)At the
Strasbourg/Kehl NATO Summit, the heads of state and government participating in
the meeting of the North Atlantic Council on April 4, 2009, reiterated that
[i]n accordance with Article 10 of the Washington Treaty, NATO’s door
will remain open to all European democracies which share the values of our
Alliance, which are willing and able to assume the responsibilities and
obligations of membership, and whose inclusion can contribute to common
security and stability
.
(18)The Summit
Declaration also acknowledged the progress of the Government of Bosnia and
Herzegovina on cooperation with NATO, including through implementation
of its current IPAP, and the country’s expressed intention to apply for MAP at
an appropriate time.
The declaration also urged Bosnia and
Herzegovina’s political leaders to take further genuine steps to strengthen
state-level institutions and reinvigorate the reform process to advance the
country’s Euro-Atlantic aspirations.
.
(19)With respect to
Montenegro, the NATO heads of state and government declared at the 2009
Strasbourg/Kehl NATO Summit, We welcome Montenegro's successful and
active implementation of its current Individual Partnership Action Plan (IPAP)
with NATO. We are encouraged by the reforms it has made in a number of areas
that are essential to its Euro-Atlantic integration and also by its
contributions to cooperation and security in the region. We are looking forward
to Montenegro's further determined efforts in this regard. The Council in
permanent session is keeping Montenegro's progress under active review and will
respond early to its request to participate in the Membership Action Plan
(MAP), on its own merits.
.
(20)Bosnia and
Herzegovina and Montenegro deserve recognition for their cooperation with the
International Criminal Tribunal for the former Yugoslavia (ICTY). Although
Serbia has not yet completely fulfilled its ICTY obligations, the continued
support of the Government of Serbia for the process until its conclusion is the
best way to ensure the peace and to prepare the way to full participation of
Serbia in European institutions.
3.Congress—
(1)supports the
commitment to further enlargement of the North Atlantic Treaty Organization to
include Bosnia and Herzegovina and Montenegro, as European democracies, that
are able and willing to meet the responsibilities of membership, as expressed
by NATO in its Madrid Summit Declaration of 1997, its Washington, DC, Summit
Communique of 1999, its Prague Summit Declaration of 2002, its Istanbul Summit
Communique of 2004, its Riga Summit Declaration of 2006, its Bucharest Summit
Declaration of 2008, and its Strasbourg/Kehl Declaration of 2009;
(2)encourages United
States allies in the North Atlantic Treaty Organization to utilize the
opportunity of the ongoing Strategic Concept review to reinvigorate and
transform NATO's approach to its commitment to the peace, stability, and
democratic success of the Western Balkans;
(3)endorses
cooperation with representatives of the Government of Bosnia and Herzegovina to
determine a realistic timetable and plan, constructed in conjunction with other
NATO allies, for Bosnia and Herzegovina to meet the criteria for NATO
membership, with the goal of improving the functionality of the Government of
Bosnia and Herzegovina through the achievement of the commonly accepted
political, military, economic, and social standards;
(4)declares that
United States support for Bosnia and Herzegovina’s membership should be
contingent upon thorough achievement of these exacting requirements, and that
NATO membership criteria must not be compromised;
(5)calls for the
timely admission of Bosnia and Herzegovina and Montenegro 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; and
(6)reaffirms the
need for engagement with the democratically elected government of Serbia and
amelioration of past bilateral tensions with greater interaction between the
people of the United States and Serbia, including support by the United States
Government for the process of including Serbia in trans-Atlantic institutions
as the Government of Serbia fulfills the necessary criteria.
4.It is the sense of
Congress that—
(1)the existing position of political advisor
within the NATO Mission in Sarajevo should be filled by an ambassadorial-level
United States diplomat as senior civilian representative
to the
NATO Mission in Sarajevo;
(2)this senior civilian representative should
have primary responsibility for defense and security sector reform and
NATO/Partnership for Peace integration;
(3)the position requires coordination with
international organizations and national authorities in Bosnia and
Herzegovina;
(4)it is important that this effort have
civilian leadership and the senior civilian representative should work in
conjunction with the senior military representative and lead the
political-military staff;
(5)the substantial credibility in Bosnia and
Herzegovina enjoyed by the United States should be harnessed to facilitate the
fulfillment by the Government of Bosnia and Herzogovina of NATO membership
criteria; and
(6)the Secretary of
State should provide a regular briefing, not less than annually, to the
Committee on Foreign Relations of the Senate on the progress of the efforts
required under this Act.
5.Designation of
bosnia and herzegovina and montenegro as eligible to receive assistance under
the nato participation Act of 1994
(a)
(1)Bosnia and Herzegovina 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.
(2)Montenegro
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.
(b)The designation of Bosnia and Herzegovina and
Montenegro pursuant to subsection (a) as eligible to receive assistance under
the program established under section 203(a) of the NATO Participation Act of
1994—
(1)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 (as enacted
into law by 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), 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),
and the designation of the Republic of Albania, the Republic of Croatia,
Georgia, the Republic of Macedonia (FYROM), and Ukraine pursuant to section
4(a) of the NATO Freedom Consolidation Act of 2007 (Public Law 110–17; 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
(2)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.
6.Authorization of
security assistance for countries designated under the nato participation Act
of 1994Of the amounts made
available for fiscal year 2010 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 Bosnia and Herzegovina and Montenegro.