[Congressional Record Volume 144, Number 50 (Wednesday, April 29, 1998)]
[Senate]
[Pages S3793-S3795]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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PROTOCOLS TO THE NORTH ATLANTIC TREATY OF 1949 ON ACCESSION OF POLAND, 
                      HUNGARY, AND CZECH REPUBLIC

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            CRAIG (AND OTHERS) EXECUTIVE AMENDMENT NO. 2316

  Mr. CRAIG (for himself, Mrs. Hutchison, and Mr. Smith of New 
Hampshire) proposed an amendment to the resolution of ratification for 
the treaty (Treaty Doc. No. 105-36) protocols to the North Atlantic 
Treaty of 1949 on the accession of Poland, Hungary, and the Czech 
Republic. These protocols 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 follows:

       At the appropriate place, insert the following:
       (  ) Statutory authorization for deployments in bosnia and 
     herzegovina.--Prior to the deposit of the United States 
     instrument of ratification, there must be enacted a law 
     containing specific authorization for the continued 
     deployment of the United States Armed Forces in Bosnia and 
     Herzegovina as part of the NATO mission in that country.
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                 HUTCHISON EXECUTIVE AMENDMENT NO. 2317

  Mrs. HUTCHISON proposed an amendment to the resolution of 
ratification for the treaty (Treaty Doc. No. 105-36) protocols to the 
North Atlantic Treaty of 1949 on the accession of Poland, Hungary, and 
the Czech Republic. These protocols 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 
follows:

       At the appropriate place in the resolution, insert the 
     following:

     NEGOTIATION WITH ALLIES REGARDING THE ESTABLISHMENT OF A 
                   PROCESS TO RESOLVE DISPUTES AMONG OR BETWEEN 
                   ALLIES.

       (A) Prior to the first deposit of any of the United States 
     instruments of ratification of any of the Protocols, the 
     United States representative at the North Atlantic Council 
     will introduce at the NAC a proposal for consideration by all 
     allies and aimed at establishing a process for dispute 
     resolution among allies. The proposal shall be limited to 
     addressing those disputes--
       (i) between or among allies that are within the collective 
     security purview of the NATO alliance and address territorial 
     or other such disputes within the alliance's area of 
     operations and responsibility, and;
       (ii) in response to which at least one disputant has 
     credibly threatened the use of military force.
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           ASHCROFT (AND OTHERS) EXECUTIVE AMENDMENT NO. 2318

  Mr. ASHCROFT (for himself, Mr. Roberts, Mr. Helms, Mr. Warner, Mr. 
Hutchinson, Mr. Faircloth, Mr. Bond, and Mr. Grams) proposed an 
amendment to the resolution of ratification for the treaty (Treaty Doc. 
No. 105-36) protocols to the North Atlantic Treaty of 1949 on the 
accession of Poland, Hungary, and the Czech Republic. These protocols 
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 follows:

       In section 3(1), strike ``(A) The fundamental importance of 
     collective defense.--'' and all that follows through 
     ``interests of NATO members.'' at the end of paragraph (1)(A) 
     and insert in lieu thereof the following new condition:
       (2) The fundamental importance of collective self-
     defense.--
       (A) Presidential certification.--Prior to the deposit of 
     the United States instrument of ratification, the President 
     shall certify to the Senate that--
       (i) NATO is and will remain a defensive military alliance, 
     and that Article 5 of the North Atlantic Treaty, which 
     provides for the collective self-defense of NATO members 
     against armed attack, continues to constitute the heart of 
     that treaty; and
       (ii) the United States will only support a military 
     operation under the North Atlantic Treaty that is commenced 
     on or after the date of adoption of this resolution of 
     ratification--

       (I) if the operation is intended for the purpose of 
     collective self-defense in response to an armed attack on the 
     territory of a NATO member; or
       (II) in response to a threat to the territorial integrity, 
     political independence, or security of a NATO member.

       (B) Construction.--The Senate declares that nothing in the 
     North Atlantic Treaty, the Strategic Concept of NATO, or any 
     other document setting forth the fundamental purposes, 
     objectives, or missions of NATO shall

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     be construed as altering the constitutional authority of the 
     Congress or the President.
       (C) Exclusions from meaning of ``NATO military 
     operation''.--The term ``NATO military operation'' does not 
     include any NATO training mission or exercise.
       (3) Additional requirements regarding the strategic concept 
     of nato.--
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             HELMS (AND BIDEN) EXECUTIVE AMENDMENT NO. 2319

  Mr. SMITH of Oregon (for Mr. Helms, for himself and Mr. Biden) 
proposed an amendment to the resolution of ratification for the treaty 
(Treaty Doc. No. 105-36) protocols to the North Atlantic Treaty of 1949 
on the accession of Poland, Hungary, and the Czech Republic. These 
protocols 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 follows:

       In section 1, insert ``(as defined in section 4(7))'' after 
     ``Czech Republic''.
       In section 1, strike ``as defined in section 4(6),''.
       In section 2(1)(D), strike ``evenly'' and insert 
     ``equitably''.
       In section 2(2)(A), strike ``including--'' and all that 
     follows through ``members;'' and insert ``including those 
     common threats described in section 3(1)(A)(v);''.
       In section 2(7)(A)(iii), insert ``, or committed to 
     invite,'' after ``consented to invite''.
       In section 2(7)(A)(iv), strike ``admission of, or the 
     invitation for admission of, any new NATO member'' and insert 
     ``accession to the North Atlantic Treaty of, or the 
     invitation to begin accession talks with, any European state 
     (other than Poland, Hungary, or the Czech Republic),''.
       At the end of section 2, add the following new paragraphs:
       (8) Partnership for peace.--The Senate declares that--
       (i) the Partnership for Peace between NATO members and the 
     Partnership for Peace countries is an important and enduring 
     complement to NATO in maintaining and enhancing regional 
     security;
       (ii) the Partnership for Peace serves a critical role in 
     promoting common objectives of NATO members and the 
     Partnership for Peace countries, including--
       (I) increased transparency in the national defense planning 
     and budgeting processes;
       (II) ensuring democratic control of defense forces;
       (III) maintaining the capability and readiness of 
     Partnership for Peace countries to contribute to operations 
     of the United Nations and the Organization for Security and 
     Cooperation in Europe;
       (IV) developing cooperative military relations with NATO; 
     and
       (V) enhancing the interoperability between forces of the 
     Partnership for Peace countries and forces of NATO members;
       (iii) NATO has undertaken new initiatives to further 
     strengthen the Partnership for Peace with the objectives of--
       (I) strengthening the political consultation mechanism in 
     the Partnership for Peace through the Euro-Atlantic 
     Partnership Council;
       (II) enhancing the operational role of the Partnership for 
     Peace; and
       (III) providing for expanded involvement of members of the 
     Partnership for Peace in decision-making and planning within 
     the Partnership;
       (iv) enhancement of the Partnership for Peace promotes the 
     security of the United States by strengthening stability and 
     security throughout the North Atlantic area;
       (v) the accession to the North Atlantic Treaty of new NATO 
     members in the future must not undermine the ability of NATO 
     and the Partnership for Peace countries to achieve the 
     objectives of the Partnership for Peace; and
       (vi) membership in the Partnership for Peace does not in 
     any way prejudice application or consideration for accession 
     to the North Atlantic Treaty.
       (9) Regarding payments owed by european countries to 
     victims of the nazis
       (A) Declaration.--The Senate declares that in future 
     meetings and correspondence with European governments, the 
     Secretary of State should--
       (i) raise the issue of insurance benefits owed to victims 
     of the Nazis (and their beneficiaries and heirs) by these 
     countries as a result of the actions taken by any communist 
     predecessor regimes in nationalizing foreign insurance 
     companies and confiscating their assets in the aftermath of 
     World War II;
       (ii) seek to secure a commitment from the governments of 
     these countries to provide a full accounting of the total 
     value of insurance company assets that were seized by any 
     communist predecessors and to share all documents relevant to 
     unpaid insurance claims that are in their possession; and
       (iii) seek to secure a commitment from the governments of 
     these countries to contribute to the payment of these unpaid 
     insurance claims in an amount that reflects the present value 
     of the assets seized by any communist governments (and for 
     which no compensation had previously been paid).
       (B) Definition.--As used in this paragraph, the term 
     ``victims of the Nazis'' means persons persecuted during the 
     period beginning on March 23, 1933 and ending on May 8, 1945, 
     by, under the direction of, on behalf of, or under authority 
     granted by the Nazi government of Germany or any country 
     allied with that government.
       In section 3(1)(C)(i), before the semicolon at the end 
     thereof, insert the following: ``, including the broader 
     strategic rationale of NATO''.
       In section 3(1)(D), strike ``Committee on Foreign 
     Relations'' and insert ``appropriate congressional 
     committees''.
       In section 3(2)(B), strike
       ``Annual reports.--
       (i) Requirements.--''
       and insert
       ``Annual reports.--''.
       In section 3(2)(B), redesignate subclauses (I), (II), 
     (III), and (IV) as clauses (i), (ii), (iii), and (iv), 
     respectively.
       At the end of section 3(2)(B), add the following new 
     clause:
       (v) The status of discussions concerning NATO membership 
     for countries participating in the Partnership for Peace.
       Strike clause (ii) of section 3(2)(B).
       At the end of section 3(2), insert the following new 
     subparagraphs:
       (C) Reports on future enlargement of nato.--
       (i) Reports prior to commencement of accession talks.--
     Prior to any decision by the North Atlantic Council to invite 
     any country (other than Poland, Hungary, or the Czech 
     Republic) to begin accession talks with NATO, the President 
     shall submit to the appropriate congressional committees a 
     detailed report regarding each country being actively 
     considered for NATO membership, including--

       (I) an evaluation of how that country will further the 
     principles of the North Atlantic Treaty and contribute to the 
     security of the North Atlantic area;
       (II) an evaluation of the eligibility of that country for 
     membership based on the principles and criteria identified by 
     NATO and the United States, including the military readiness 
     of that country;
       (III) an explanation of how an invitation to that country 
     would affect the national security interests of the United 
     States;
       (IV) an up-to-date United States Government analysis of the 
     common-funded military requirements and costs associated with 
     integrating that country, and an analysis of the shares of 
     those costs to be borne by NATO members, including the United 
     States; and
       (V) a preliminary analysis of the implications for the 
     United States defense budget and other United States budgets 
     of integrating that country into NATO.

       (ii) Updated reports prior to signing protocols of 
     accession.--Prior to the signing of any protocol to the North 
     Atlantic Treaty on the accession of any country, the 
     President shall submit to the appropriate congressional 
     committees a report, in classified and unclassified forms--

       (I) updating the information contained in the report 
     required under clause (i) with respect to that country; and
       (II) including an analysis of that country's ability to 
     meet the full range of the financial burdens of NATO 
     membership, and the likely impact upon the military 
     effectiveness of NATO of the country invited for accession 
     talks, if the country were to be admitted to NATO.

       (D) Review and reports by the general accounting office.--
     The Comptroller General of the United States shall conduct a 
     review and assessment of the evaluations and analyses 
     contained in all reports submitted under subparagraph (C) 
     and, not later than 90 days after the date of submission of 
     any report under subparagraph (C)(ii), shall submit a report 
     to the appropriate congressional committees setting forth the 
     assessment resulting from that review.
       In section 3, redesignate paragraph (4) as paragraph (5).
       In section 3, insert after paragraph (3) the following new 
     paragraph:
       (4) Reports on intelligence matters.--
       (A) Progress report.--Not later than January 1, 1999, the 
     President shall submit a report to the congressional 
     intelligence committees on the progress of Poland, Hungary, 
     and the Czech Republic in satisfying the security 
     requirements for membership in NATO.
       (B) Reports regarding protection of intelligence sources 
     and methods.--Not later than January 1, 1999, and again not 
     later than the date that is 90 days after the date of 
     accession to the North Atlantic Treaty by Poland, Hungary, 
     and the Czech Republic, the Director of Central Intelligence 
     shall submit a detailed report to the congressional 
     intelligence committees--
       (i) identifying the latest procedures and requirements 
     established by Poland, Hungary, and the Czech Republic for 
     the protection of intelligence sources and methods; and
       (ii) including an assessment of how the overall procedures 
     and requirements of Poland, Hungary, and the Czech Republic 
     for the protection of intelligence sources and methods 
     compare with the procedures and requirements of other NATO 
     members for the protection of intelligence sources and 
     methods.
       (C) Definitions.--In this paragraph:
       (i) Congressional intelligence committees.--The term 
     ``congressional intelligence committees'' means the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (ii) Date of accession to the north atlantic treaty by 
     poland, hungary, and the czech republic.--The term ``date of 
     accession to the North Atlantic Treaty by Poland,

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     Hungary, and the Czech Republic'' means the latest of the 
     following dates:

       (I) The date on which Poland accedes to the North Atlantic 
     Treaty.
       (II) The date on which Hungary accedes to the North 
     Atlantic Treaty,
       (III) The date on which the Czech Republic accedes to the 
     North Atlantic Treaty.

       In section 4, redesignate paragraphs (1) through (7) as 
     paragraphs (2) through (8), respectively.
       In section 4, insert after ``In this resolution:'' the 
     following new paragraph:
       (1) Appropriate congressional committees.--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.
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           CONRAD (AND BINGAMAN) EXECUTIVE AMENDMENT NO. 2320

  Mr. CONRAD (for himself and Mr. Bingaman) proposed an amendment to 
the resolution of ratification for the treaty (Treaty Doc. No. 105-36) 
protocols to the North Atlantic Treaty of 1949 on the accession of 
Poland, Hungary, and the Czech Republic. These protocols 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 follows:

       At the appropriate place in section 3 of the resolution, 
     insert the following:
       (  ) Non-Strategic Nuclear Weapons.--
       (A) Findings.--The Senate finds that--
       (i) the United States Strategic Command has estimated that 
     the Russian Federation has between 7,000 and 12,000 non-
     strategic nuclear warheads, weapons that--unlike strategic 
     systems--are not covered by any arms control accord;
       (ii) the thousands of tactical nuclear warheads inside 
     Russia present the greatest threat of sale or theft of a 
     nuclear weapon in the world today;
       (iii) with the number of deployed strategic warheads in the 
     Russian and United States arsenals likely to be reduced to 
     around 2,250 warheads under a START III accord, Russia's vast 
     superiority in tactical nuclear warheads becomes a strategic 
     concern;
       (iv) the Commander in Chief of the United States Strategic 
     Command has stated that future nuclear arms control 
     agreements should address tactical nuclear weapons;
       (v) statements from Russian officials that NATO enlargement 
     would force Russia to rely more heavily on its nuclear 
     arsenal have caused concern that NATO expansion could be an 
     impediment to progress on tactical nuclear arms control; and,
       (vi) the danger of theft or sale of a tactical nuclear 
     warhead, and the destabilizing strategic implications of 
     Russia's enormous lead in tactical nuclear weapons creates an 
     urgent need for progress on increasing the security of 
     Russia's tactical nuclear arsenal and working toward 
     conclusion of a US-Russian agreement on tactical nuclear arms 
     in Europe.
       (B) Sense of the Senate.--It is the Sense of the Senate 
     that--
       (i) it would be advisable for future nuclear arms control 
     agreements with the Russian Federation to address non-
     strategic nuclear weapons in Europe; and,
       (ii) the Administration should work with the Russian 
     Federation to increase transparency, exchange data, increase 
     warhead security, and facilitate weapon dismantlement.
       (C) Certification.--Prior to the deposit of the instruments 
     of ratification, the Administration shall certify to the 
     Senate that with regard to non-strategic nuclear weapons--
       (i) it is the policy of the United States to work with the 
     Russian Federation to increase transparency, exchange data, 
     increase warhead security, and facilitate weapon 
     dismantlement; and
       (ii) that discussions toward these ends have been initiated 
     with the Russian Federation.
       (D) Report.--Not later than 180 days after the deposit of 
     the instruments of ratification, the President shall submit a 
     report to the Senate on the Russian Federation's non-
     strategic nuclear arsenal. This report shall include--
       (i) current data and estimates regarding the current 
     numbers, types, yields, and locations of Russia's non-
     strategic nuclear weapons;
       (ii) an assessment of the extent of the current threat of 
     theft, sale, or unauthorized use of such warheads;
       (iii) a plan to work with the Russian Federation to 
     increase transparency, exchange data, increase warhead 
     security, and facilitate weapon dismantlement; and,
       (iv) an assessment of the strategic implications of the 
     Russian Federation's non-strategic arsenal.

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