[Congressional Record Volume 144, Number 22 (Friday, March 6, 1998)]
[Senate]
[Pages S1506-S1508]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    EXECUTIVE REPORTS OF COMMITTEES

  The following executive reports of committees were submitted:

       By Mr. HELMS, from the Committee on Foreign Relations:
       Treaty Doc. 105-36 Protocols to the North Atlantic Treaty 
     of 1949 On Accession of Poland, Hungary, and the Czech 
     Republic (Exec. Rept. 105-15).

Text of Resolution of Advice and Consent to Ratification as Reported by 
                   the Committee on Foreign Relations

       Resolved (two-thirds of the Senators present concurring 
     therein),

     SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO DECLARATIONS 
                   AND CONDITIONS.

       The Senate advises and consents to the ratification of the 
     Protocols to the North Atlantic Treaty of 1949 on the 
     Accession of Poland, Hungary, and the Czech Republic, which 
     were opened for signature at Brussels on December 16, 1997, 
     and signed on behalf of the United States of America and 
     other parties to the North Atlantic Treaty (as defined in 
     section 4(6)), subject to the declarations of section 2 and 
     the conditions of section 3.

     SEC. 2. DECLARATIONS.

       The advice and consent of the Senate to ratification of the 
     Protocols to the North Atlantic Treaty on the Accession of 
     Poland, Hungary, and the Czech Republic is subject to the 
     following declarations:
       (1) Reaffirmation that united states membership in the nato 
     remains a vital national security interest of the united 
     states of america.--The Senate declares that--
       (A) for nearly 50 years the North Atlantic Treaty 
     Organization (NATO) has served as the preeminent organization 
     to defend the territory of the countries in the North 
     Atlantic area against all external threats;
       (B) through common action, the established democracies of 
     North America and Europe that were joined in NATO persevered 
     and prevailed in the task of ensuring the survival of 
     democratic government in Europe and North America throughout 
     the Cold War;
       (C) NATO enhances the security of the United States by 
     embedding European states in a process of cooperative 
     security planning, by preventing the destabilizing 
     renationalization of European military policies, and by 
     ensuring an ongoing and direct leadership role for the United 
     States in European security affairs;
       (D) the responsibility and financial burden of defending 
     the democracies of Europe and North America can be more 
     evenly shared through an alliance in which specific 
     obligations and force goals are met by its members;
       (E) the security and prosperity of the United States is 
     enhanced by NATO's collective defense against aggression that 
     may threaten the territory of NATO members; and
       (F) United States membership in NATO remains a vital 
     national security interest of the United States.
       (2) Strategic rationale for nato enlargement.--The Senate 
     finds that--
       (A) Notwithstanding the collapse of communism in most of 
     Europe and the dissolution of the Soviet Union, the United 
     States and its NATO allies face threats to their stability 
     and territorial integrity, including--
       (i) the potential for the emergence of a hegemonic power in 
     Europe;
       (ii) conflict stemming from ethnic and religious enmity, 
     the revival of historic disputes, or the actions of 
     undemocratic leaders;
       (iii) the proliferation of technologies associated with 
     nuclear, chemical, or biological weapons as well as ballistic 
     and cruise missile systems and other means of the delivery of 
     those weapons; and
       (iv) possible transnational threats that would adversely 
     affect the core security interests of NATO members;
       (B) the invasion of Poland, Hungary, or the Czech Republic, 
     or their destabilization arising from external subversion, 
     would threaten the stability of Europe and jeopardize vital 
     United States national security interests;
       (C) Poland, Hungary, and the Czech Republic, having 
     established democratic governments and having demonstrated a 
     willingness to meet all requirements of membership, including 
     those necessary to contribute to the territorial defense of 
     all NATO members, are in a position to further the principles 
     of the North Atlantic Treaty and to contribute to the 
     security of the North Atlantic area; and
       (D) extending NATO membership to Poland, Hungary, and the 
     Czech Republic will strengthen NATO, enhance security and 
     stability in Central Europe, deter potential aggressors, and 
     thereby advance the interests of the United States and its 
     NATO allies.
       (3) Supremacy of the north atlantic council in nato 
     decision-making.--The Senate understands that--
       (A) as the North Atlantic Council is the supreme decision-
     making body of NATO, the North Atlantic Council will not 
     subject its decisions to review, challenge, or veto by any 
     forum affiliated with NATO, including the Permanent Joint 
     Council or the Euro-Atlantic Partnership Council, or by any 
     nonmember state participating in any such forum;
       (B) the North Atlantic Council does not require the consent 
     of the United Nations, the Organization for Security and 
     Cooperation in Europe, or any other international 
     organization in order to take any action pursuant to the 
     North Atlantic Treaty in defense of the North Atlantic area, 
     including the deployment, operation, or stationing of forces; 
     and
       (C) the North Atlantic Council has direct responsibility 
     for matters relating to the basic policies of NATO, including 
     development of the Strategic Concept of NATO (as defined in 
     section 3(1)(E)), and a consensus position of the North 
     Atlantic Council will precede any negotiation between NATO 
     and non-NATO members that affects NATO's relationship with 
     non-NATO members participating in fora such as the Permanent 
     Joint Council.
       (4) Full membership for new nato members.--
        (A) In general.--The Senate understands that Poland, 
     Hungary, and the Czech Republic, in becoming NATO members, 
     will have all the rights, obligations, responsibilities, and 
     protections that are afforded to all other NATO members.
       (B) Political commitments.--The Senate endorses the 
     political commitments made by NATO to the Russian Federation 
     in the NATO-Russia Founding Act, which are not legally 
     binding and do not in any way preclude any future decisions 
     by the North Atlantic Council to preserve the security of 
     NATO members.
       (5) NATO-russia relationship.--The Senate finds that it is 
     in the interest of the United States for NATO to develop a 
     new and constructive relationship with the Russian Federation 
     as the Russian Federation pursues democratization, market 
     reforms, and peaceful relations with its neighbors.
       (6) The importance of european integration.--
       (A) Sense of the senate.--It is the sense of the Senate 
     that--
       (i) the central purpose of NATO is to provide for the 
     collective defense of its members;
       (ii) the Organization for Security and Cooperation in 
     Europe is a primary institution for the promotion of 
     democracy, the rule of law, crisis prevention, and post-
     conflict rehabilitation and, as such, is an essential forum 
     for the discussion and resolution of political disputes among 
     European members, Canada, and the United States; and
       (iii) the European Union is an essential organization for 
     the economic, political, and social integration of all 
     qualified European countries into an undivided Europe.
       (C) Policy of the united states.--The Policy of the United 
     States is--
       (i) to utilize fully the institutions of the Organization 
     for Security and Cooperation in Europe to reach political 
     solutions for disputes in Europe; and
       (ii) to encourage actively the efforts of the European 
     Union to expand its membership,

[[Page S1507]]

     which will help to stabilize the democracies of Central and 
     Eastern Europe.
       (7) Future consideration of candidates for membership in 
     nato.--
       (A) Senate findings.--The Senate finds that--
       (i) Article 10 of the North Atlantic Treaty provides that 
     NATO members by unanimous agreement may invite the accession 
     to the North Atlantic Treaty of any other European state in a 
     position to further the principles of the North Atlantic 
     Treaty and to contribute to the security of the North 
     Atlantic area;
       (ii) in its Madrid summit declaration of July 8, 1997, NATO 
     pledged to ``maintain an open door to the admission of 
     additional Alliance members in the future'' if those 
     countries satisfy the requirements of Article 10 of the North 
     Atlantic Treaty;
       (iii) other than Poland, Hungary, and the Czech Republic, 
     the United States has not consented to invite any other 
     country to join NATO in the future; and
       (iv) the United States will not support the admission of, 
     or the invitation for admission of, any new NATO member 
     unless--
       (I) the President consults with the Senate consistent with 
     Article II, section 2, clause 2 of the Constitution of the 
     United States (relating to the advice and consent of the 
     Senate to the making of treaties); and
       (II) the prospective NATO member can fulfill the 
     obligations and responsibilities of membership, and its 
     inclusion would serve the overall political and strategic 
     interests of NATO and the United States.
       (B) Requirement for consensus and ratification.--The Senate 
     declares that no action or agreement other than a consensus 
     decision by the full membership of NATO, approved by the 
     national procedures of each NATO member, including, in the 
     case of the United States, the requirements of Article II, 
     section 2, clause 2 of the Constitution of the United States 
     (relating to the advice and consent of the Senate to the 
     making of treaties), will constitute a security commitment 
     pursuant to the North Atlantic Treaty.

     SEC. 3. CONDITIONS.

       The advice and consent of the Senate to the ratification of 
     the Protocols to the North Atlantic Treaty of 1949 on the 
     Accession of Poland, Hungary, and the Czech Republic is 
     subject to the following conditions, which shall be binding 
     upon the President:
       (1) The strategic concept of nato.--
       (A) The fundamental importance of collective defense.--The 
     Senate declares that--
       (i) in order for NATO to serve the security interests of 
     the United States, the core purpose of NATO must continue to 
     be the collective defense of the territory of all NATO 
     members; and
       (ii) NATO may also, pursuant to Article 4 of the North 
     Atlantic Treaty, on a case-by-case basis, engage in other 
     missions when there is a consensus among its members that 
     there is a threat to the security and interests of NATO 
     members.
       (B) Defense planning, command structures, and force 
     goals.--The Senate declares that NATO must continue to pursue 
     defense planning, command structures, and force goals to meet 
     the requirements of Article 5 of the North Atlantic Treaty as 
     well as the requirements of other missions agreed upon by 
     NATO members, but must do so in a manner that first and 
     foremost ensures under the North Atlantic Treaty the ability 
     of NATO to deter and counter any significant military threat 
     to the territory of any NATO member.
       (C) Report.--Not later than 180 days after the date of 
     adoption of this resolution, the President shall submit to 
     the President of the Senate and the Speaker of the House of 
     Representatives a report on the Strategic Concept of NATO. 
     The report shall be submitted in both classified and 
     unclassified form and shall include--
       (i) an explanation of the manner in which the Strategic 
     Concept of NATO affects United States military requirements 
     both within and outside the North Atlantic area;
       (ii) an analysis of all potential threats to the North 
     Atlantic area up to the year 2010, including consideration of 
     a reconstituted conventional threat to Europe, emerging 
     capabilities of non-NATO countries to use nuclear, 
     biological, or chemical weapons affecting the North Atlantic 
     area, and the emerging ballistic and cruise missile threat 
     affecting the North Atlantic area;
       (iii) the identification of alternative system 
     architectures for the deployment of a NATO missile defense 
     for the region of Europe that would be capable of countering 
     the threat posed by emerging ballistic and cruise missile 
     systems in countries other than declared nuclear powers, 
     together with a timetable for development and an estimate of 
     costs;
       (iv) a detailed assessment of the progress of all NATO 
     members, on a country-by-country basis, toward meeting 
     current force goals; and
       (v) a general description of the overall approach to 
     updating the Strategic Concept of NATO.
       (D) Briefings on revisions to the strategic concept.--Not 
     less than twice in the 300-day period following the date of 
     adoption of this resolution, each at an agreed time to 
     precede each Ministerial meeting of the North Atlantic 
     Council, the Senate expects the appropriate officials of the 
     executive branch of Government to offer detailed briefings to 
     the Committee on Foreign Relations of the Senate on proposed 
     changes to the Strategic Concept of NATO, including--
       (i) an explanation of the manner in which specific 
     revisions to the Strategic Concept of NATO will serve United 
     States national security interests and affect United States 
     military requirements both within and outside the North 
     Atlantic area;
       (ii) a timetable for implementation of new force goals by 
     all NATO members under any revised Strategic Concept of NATO;
       (iii) a description of any negotiations regarding the 
     revision of the nuclear weapons policy of NATO; and
       (iv) a description of any proposal to condition decisions 
     of the North Atlantic Council upon the approval of the United 
     Nations, the Organization for Security and Cooperation in 
     Europe, or any NATO-affiliated forum.
       (E) Definition.--For the purposes of this paragraph, the 
     term ``Strategic Concept of NATO'' means the document agreed 
     to by the Heads of State and Government participating in the 
     meeting of the North Atlantic Council in Rome on November 7-
     8, 1991 or any subsequent document agreed to by the North 
     Atlantic Council that would serve a similar purpose.
       (2) Cost, benefits, burdensharing and military implications 
     of the enlargement of nato.--Prior to the deposit of the 
     United States instrument of ratification, the President shall 
     certify to the Senate that--
       (A) Presidential certification.--Prior to the deposit of 
     the United States instrument of ratification, the President 
     shall certify to the Senate that--
       (i) the inclusion of Poland, Hungary, and the Czech 
     Republic in NATO will not have the effect of increasing the 
     overall percentage share of the United States in the common 
     budgets of NATO;
       (ii) the United States is under no commitment to subsidize 
     the national expenses necessary for Poland, Hungary, or the 
     Czech Republic to meet its NATO commitments; and
       (iii) the inclusion of Poland, Hungary, and the Czech 
     Republic in NATO does not detract from the ability of the 
     United States to meet or to fund its military requirements 
     outside the North Atlantic area.
       (B) Annual reports.--
       (i) Requirements.--Not later than April 1 of each year 
     during the five-year period following the date of entry into 
     force of the Protocols to the North Atlantic Treaty of 1949 
     on the Accession of Poland, Hungary, and the Czech Republic, 
     the President shall submit to the appropriate congressional 
     committees a report which may be submitted in an unclassified 
     and classified form and which shall contain the following 
     information:
       (I) The amount contributed to the common budgets of NATO by 
     each NATO member during the preceding calendar year.
       (II) The proportional share assigned to, and paid by, each 
     NATO member under NATO's cost-sharing arrangements.
       (III) The national defense budget of each NATO member, the 
     steps taken by each NATO member to meet NATO force goals, and 
     the adequacy of the national defense budget of each NATO 
     member in meeting common defense and security obligations.
       (IV) Any costs incurred by the United States in connection 
     with the membership of Poland, Hungary, or the Czech Republic 
     in NATO, including the deployment of United States military 
     personnel, the provision of any defense article or defense 
     service, the funding of any training activity, or the 
     modification or construction of any military facility.
       (ii) Definition of appropriate congressional committees.--
     As used in this subparagraph, the term ``appropriate 
     congressional committees'' means the Committee on Foreign 
     Relations, the Committee on Armed Services, and the Committee 
     on Appropriations of the Senate and the Committee on 
     International Relations, the Committee on National Security, 
     and the Committee on Appropriations of the House of 
     Representatives.
       (3) The nato-russia founding act and the permanent joint 
     council.--Prior to the deposit of the United States 
     instrument of ratification, the President shall certify to 
     the Senate the following--
       (A) In general.--The NATO-Russia Founding Act and the 
     Permanent Joint Council do not provide the Russian Federation 
     with a veto over NATO policy.
       (B) NATO decision-making.--The NATO-Russia Founding Act and 
     the Permanent Joint Council do not provide the Russian 
     Federation any role in the North Atlantic Council or NATO 
     decision-making, including--
       (i) any decision NATO makes on an internal matter; or
       (ii) the manner in which NATO organizes itself, conducts 
     its business, or plans, prepares for, or conducts any mission 
     that affects one or more of its members, such as collective 
     defense, as stated under Article 5 of the North Atlantic 
     Treaty.
       (C) Nature of discussions in the permanent joint council.--
     In discussions in the Permanent Joint Council--
       (i) the Permanent Joint Council will not be a forum in 
     which NATO's basic strategy, doctrine, or readiness is 
     negotiated with the Russian Federation, and NATO will not use 
     the Permanent Joint Council as a substitute for formal arms 
     control negotiations such as the adaptation of the Treaty on 
     Conventional Armed Forces in Europe done at Paris on November 
     19, 1990;
       (ii) any discussion with the Russian Federation of NATO 
     doctrine will be for explanatory, not decision-making 
     purposes;
       (iii) any explanation described in clause (ii) will not 
     extend to a level of detail that

[[Page S1508]]

     could in any way compromise the effectiveness of NATO's 
     military forces and any such explanation will be offered only 
     after NATO has first set its policies on issues affecting 
     internal matters;
       (iv) NATO will not discuss any agenda item with the Russian 
     Federation prior to agreeing to a NATO position within the 
     North Atlantic Council on that agenda item; and
       (v) the Permanent Joint Council will not be used to make 
     decision on NATO doctrine, strategy or readiness.
       (4) Treaty interpretation.--
       (A) Principles of treaty interpretation.--The Senate 
     affirms the applicability to all treaties of the 
     constitutionally-based principles of treaty interpretation 
     set forth in condition (1) in the resolution of ratification 
     of the INF Treaty, approved by the Senate on May 27, 1988.
       (B) Construction of senate resolution of ratification.--
     Nothing in condition (1) of the resolution of ratification of 
     the INF Treaty, approved by the Senate on May 27, 1988, shall 
     be construed as authorizing the President to obtain 
     legislative approval for modifications or amendments to 
     treaties through majority approval of both Houses of 
     Congress.
       (C) Definition.--As used in this paragraph, the term ``INF 
     Treaty'' refers to the Treaty Between the United States of 
     America and the Union of Soviet Socialist Republics on the 
     Elimination of Their Intermediate-Range and Shorter Range 
     Missiles, together with the related memorandum of 
     understanding and protocols, done at Washington on December 
     8, 1987.

     SEC. 4. DEFINITIONS.

       In this resolution:
       (1) NATO.--The term ``NATO'' means the North Atlantic 
     Treaty Organization.
       (2) NATO members.--The term ``NATO members'' means all 
     countries that are parties to the North Atlantic Treaty.
       (3) NATO-russia founding act.--The term ``NATO-Russia 
     Founding Act'' means the document entitled the ``Founding Act 
     on Mutual Relations, Cooperation and Security Between NATO 
     and the Russian Federation'', dated May 27, 1997.
       (4) North atlantic area.--The term ``North Atlantic area'' 
     means the area covered by Article 6 of the North Atlantic 
     Treaty, as applied by the North Atlantic Council.
       (5) North atlantic treaty.--The term ``North Atlantic 
     Treaty'', means the North Atlantic Treaty signed at 
     Washington on April 4, 1949 (63 Stat. 2241; TLAS 1964), as 
     amended.
       (6) Protocols to the north atlantic treaty of 1949 on the 
     accession of poland, hungary, and the czech republic.--The 
     term ``Protocols to the North Atlantic Treaty of 1949 on the 
     Accession of Poland, Hungary, and the Czech Republic'' refers 
     to the following protocols transmitted by the President of 
     the Senate on February 11, 1998 (Treaty Document No. 105-36):
       (A) The Protocol to the North Atlantic Treaty on the 
     Accession of the Republic of Poland, signed at Brussels on 
     December 16, 1997.
       (B) The Protocol to the North Atlantic Treaty on the 
     Accession of the Republic of Hungary, signed at Brussels on 
     December 16, 1997.
       (C) The Protocol to the North Atlantic Treaty on the 
     Accession of the Czech Republic, signed at Brussels on 
     December 16, 1997.
       (7) United states instrument of ratification.--The term 
     ``United States instrument of ratification'' means the 
     instrument of ratification of the United States of the 
     Protocols to the North Atlantic Treaty of 1949 on the 
     Accession of Poland, Hungary, and the Czech Republic.

                          ____________________