[United States Statutes at Large, Volume 121, 110th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

121 STAT. 73

Public Law 110-17
110th Congress

An Act


 
To endorse further enlargement of the North Atlantic Treaty Organization
(NATO) and to facilitate the timely admission of new members to NATO,
and for other purposes. [NOTE: Apr. 9, 2007 -  [S. 494]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress [NOTE: NATO Freedom Consolidation
Act of 2007. 22 USC 1928 note.] assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ``NATO Freedom Consolidation Act of
2007''.
SEC. 2. [NOTE: 22 USC 1928 note.] FINDINGS.

Congress makes the following findings:
(1) The sustained commitment of the North Atlantic Treaty
Organization (NATO) to mutual defense has made possible the
democratic transformation of Central and Eastern Europe. Members
of the North Atlantic Treaty Organization can and should play a
critical role in addressing the security challenges of the post-
Cold War era in creating the stable environment needed for those
emerging democracies in Europe.
(2) Lasting stability and security in Europe requires the
military, economic, and political integration of emerging
democracies into existing European structures.
(3) In an era of threats from terrorism and the
proliferation of weapons of mass destruction, the North Atlantic
Treaty Organization is increasingly contributing to security in
the face of global security challenges for the protection and
interests of its member states.
(4) 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 . . .''.
(5) In the NATO Enlargement Facilitation Act of 1996 (title
VI of 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 the North Atlantic Treaty Organization, 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

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121 STAT. 74

Poland, Hungary, the Czech Republic, and Slovenia as full
members of the NATO Alliance''.
(6) 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'' and that ``Romania, Estonia,
Latvia, Lithuania, and Bulgaria . . . would make an outstanding
contribution to furthering the goals of NATO and enhancing
stability, freedom, and peace in Europe should they become NATO
members [and] upon complete satisfaction of all relevant
criteria should be invited to become full NATO members at the
earliest possible date''.
(7) 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''.
(8) At the Madrid Summit of the North Atlantic Treaty
Organization in July 1997, Poland, Hungary, and the Czech
Republic were invited to join the Alliance, and the North
Atlantic Treaty Organization heads of state and government
issued a declaration stating ``[t]he alliance expects to extend
further invitations in coming years to nations willing and able
to assume the responsibilities and obligations of membership . .
. [n]o European democratic country whose admission would fulfill
the objectives of the [North Atlantic] Treaty will be excluded
from consideration''.
(9) At the Washington Summit of the North Atlantic Treaty
Organization in April 1999, the North Atlantic Treaty
Organization heads of state and government issued a communique
declaring ``[w]e 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 . . . [t]he three new members will not be the
last . . . [n]o European democratic country whose admission
would fulfill the objectives of the Treaty will be excluded from
consideration, regardless of its geographic location . . .''.
(10) In May 2000 in Vilnius, Lithuania, the foreign
ministers of Albania, Bulgaria, Estonia, Latvia, Lithuania, the
Republic of Macedonia (FYROM), Romania, Slovakia, and Slovenia
issued a statement (later joined by Croatia) declaring that--
(A) their countries will cooperate in jointly
seeking membership in the North Atlantic Treaty
Organization in the next round of enlargement of the
North Atlantic Treaty Organization;
(B) the realization of membership in the North
Atlantic Treaty Organization by one or more of these
countries would be a success for all; and
(C) eventual membership in the North Atlantic Treaty
Organization for all of these countries would be a
success for Europe and for the North Atlantic Treaty
Organization.

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121 STAT. 75

(11) On June 15, 2001, in a speech in Warsaw, Poland,
President George W. Bush stated ``[a]ll 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 . . . [a]s we plan
to enlarge NATO, no nation should be used as a pawn in the
agenda of others . . . [w]e will not trade away the fate of free
European peoples . . . [n]o more Munichs . . . [n]o more Yaltas
. . . [a]s we plan the Prague Summit, we should not calculate
how little we can get away with, but how much we can do to
advance the cause of freedom''.
(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 . . . [n]o nation
will be automatically excluded . . . [n]o 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
the Alliance 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) On May 8, 2003, the United States Senate unanimously
approved the Resolution of Ratification to Accompany Treaty
Document No. 108-4, Protocols to the North Atlantic Treaty of
1949 on Accession of Bulgaria, Estonia, Latvia, Lithuania,
Romania, Slovakia, and Slovenia, inviting Bulgaria, Estonia,
Latvia, Lithuania, Romania, Slovakia, and Slovenia to join the
North Atlantic Treaty Organization.
(15) 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 ``[w]e celebrate the success of NATO's Open Door
Policy, and reaffirm tody that our seven new members will not be
the last. The door to membership remains open. We welcome the
progress made by Albania, Croatia, and the former Yugoslav
Republic of Macedonia (1) in implementing their Annual National
Programmes under the Membership Action Plan, and encourage them
to continue pursuing the reforms necessary to progress toward
NATO membership. We also commend their contribution to regional
stability and cooperation. We want all three countries to
succeed and will continue to assist them in their reform
efforts. NATO will continue to assess each country's candidacy
individually, based on the progress made towards reform goals
pursued through the Membership Action Plan, which will remain
the vehicle to keep

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121 STAT. 76

the readiness of each aspirant for membership under review. We
direct that NATO Foreign Ministers keep the enlargement process,
including the implementation of the Membership Action Plan,
under continual review and report to us. We will review at the
next Summit progress by aspirants towards membership based on
that report''.
(16) Georgia and Ukraine have stated their desire to join
the Euro-Atlantic community, and in particular, are seeking to
join the North Atlantic Treaty Organization. Georgia and Ukraine
are working closely with the North Atlantic Treaty Organization
and its members to meet criteria for eventual membership in
NATO.
(17) At a press conference with President Mikhail
Saakashvili of Georgia in Washington, D.C. on July 5, 2006,
President George W. Bush stated that ``. . . I believe that NATO
would benefit with Georgia being a member of NATO, and I think
Georgia would benefit. And there's a way forward through the
Membership Action Plan . . . And I'm a believer in the expansion
of NATO. I think it's in the world's interest that we expand
NATO''.
(18) Following a meeting of NATO Foreign Ministers in New
York on September 21, 2006, NATO Secretary General Jaap de Hoop
Scheffer announced the launching of an Intensified Dialogue on
membership between the Alliance and Georgia.
(19) At the NATO-Ukraine Commission Summit in Brussels in
February 2005, President of Ukraine Victor Yushchenko declared
membership in NATO as the ultimate goal of Ukraine's cooperation
with the Alliance and expressed Ukraine's desire to conclude a
Membership Action Plan.
(20) At the NATO-Ukraine Commission Foreign Ministerial
meeting in Vilnius in April 2005, NATO and Ukraine launched an
Intensified Dialogue on the potential membership of Ukraine in
NATO.
(21) At the Riga Summit of the North Atlantic Treaty
Organization in November 2006, the Heads of State and Government
of the member countries of NATO issued a declaration reaffirming
that NATO's door remains open to new members, declaring that
``all European democratic countries may be considered for MAP
(Membership Action Plan) or admission, subject to decision by
the NAC (North Atlantic Council) at each stage, based on the
performance of these countries towards meeting the objectives of
the North Atlantic Treaty. We direct that NATO Foreign Ministers
keep that process under continual review and report to us. We
welcome the efforts of Albania, Croatia, and the former Yugoslav
Republic of Macedonia to prepare themselves for the
responsibilities and obligations of membership. We reaffirm that
the Alliance will continue with Georgia and Ukraine its
Intensified Dialogues which cover the full range of political,
military, financial and security issues relating to those
countries' aspirations to membership, without prejudice to any
eventual Alliance decision. We reaffirm the importance of the
NATO-Ukraine Distinctive Partnership, which has its 10th
anniversary next year and welcome the progress that has been
made in the framework of our Intensified Dialogue. We appreciate
Ukraine's substantial contributions to our common security,
including through participation in

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121 STAT. 77

NATO-led operations and efforts to promote regional cooperation.
We encourage Ukraine to continue to contribute to regional
security. We are determined to continue to assist, through
practical cooperation, in the implementation of far-reaching
reform efforts, notably in the fields of national security,
defence, reform of the defence-industrial sector and fighting
corruption. We welcome the commencement of an Intensified
Dialogue with Georgia as well as Georgia's contribution to
international peacekeeping and security operations. We will
continue to engage actively with Georgia in support of its
reform process. We encourage Georgia to continue progress on
political, economic and military reforms, including
strengthening judicial reform, as well as the peaceful
resolution of outstanding conflicts on its territory. We
reaffirm that it is of great importance that all parties in the
region should engage constructively to promote regional peace
and stability.''.
(22) 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, Congress calls for the timely
admission of Albania, Croatia, Georgia, Macedonia (FYROM), and
Ukraine to the North Atlantic Treaty Organization to promote
security and stability in Europe.
SEC. 3. [NOTE: 22 USC 1928 note.] DECLARATIONS OF POLICY.

Congress--
(1) reaffirms its previous expressions of support for
continued enlargement of the North Atlantic Treaty Organization
contained in the NATO Participation Act of 1994, the NATO
Enlargement Facilitation Act of 1996, the European Security Act
of 1998, and the Gerald B. H. Solomon Freedom Consolidation Act
of 2002;
(2) supports the commitment to further enlargement of the
North Atlantic Treaty Organization to include European
democracies that are able and willing to meet the
responsibilities of Membership, as expressed by the Alliance in
its Madrid Summit Declaration of 1997, its Washington Summit
Communique of 1999, its Prague Summit Declaration of 2002, its
Istanbul Summit Communique of 2004, and its Riga Summit
Declaration of 2006; and
(3) endorses the vision of further enlargement of the North
Atlantic Treaty Organization articulated by President George W.
Bush on June 15, 2001, and by former President William J.
Clinton on October 22, 1996, and urges our allies in the North
Atlantic Treaty Organization to work with the United States to
realize a role for the North Atlantic Treaty Organization in
promoting global security, including continued support for
enlargement to include qualified candidate states, specifically
by entering into a Membership Action Plan with Georgia and
recognizing the progress toward meeting the responsibilities and
obligations of NATO membership by Albania, Croatia, Georgia,
Macedonia (FYROM), and Ukraine.
SEC. 4. [NOTE: 22 USC 1928 note.] DESIGNATION OF ALBANIA,
CROATIA, GEORGIA, MACEDONIA (FYROM), AND
UKRAINE AS ELIGIBLE TO RECEIVE ASSISTANCE
UNDER THE NATO PARTICIPATION ACT OF 1994.

(a) Designation.--

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121 STAT. 78

(1) Albania.--The Republic of Albania 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) Croatia.--The Republic of Croatia 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.
(3) Georgia.--Georgia 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.
(4) Macedonia (fyrom).--The Republic of Macedonia (FYROM) 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.
(5) Ukraine.--Ukraine 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) Rule of Construction.--The designation of the Republic of
Albania, the Republic of Croatia, Georgia, the Republic of Macedonia
(FYROM), and Ukraine 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 (title VI of 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), and 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) 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.
SEC. 5. [NOTE: Appropriation authorization. 22 USC 1928
note.] AUTHORIZATION OF SECURITY ASSISTANCE
FOR COUNTRIES DESIGNATED UNDER THE NATO
PARTICIPATION ACT OF 1994.

Of the amounts made available for fiscal year 2008 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 the
Republic of Albania, the Republic of Croatia, Georgia, the Republic of
Macedonia (FYROM), and Ukraine.

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121 STAT. 79

Approved April 9, 2007.

LEGISLATIVE HISTORY--S. 494 (H.R. 987):
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SENATE REPORTS: No. 110-34 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 153 (2007):
Mar. 15, considered and passed Senate.
Mar. 26, considered and passed House.