EXECUTIVE REPORT OF COMMITTEE--TREATY; Congressional Record Vol. 162, No. 176
(Senate - December 07, 2016)

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                 EXECUTIVE REPORT OF COMMITTEE--TREATY

  The following executive report of committee was submitted:

       By Mr. CORKER, from the Committee on Foreign Relations:
       Treaty Doc. 114-12: Protocol to the North Atlantic Treaty 
     of 1949 on the Accession of Montenegro with 2 conditions and 
     7 declarations (Ex. Rept. 114-16)

  The text of the committee-recommended resolution of advice and 
consent to ratification is as follows:

       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 
     Protocol to the North Atlantic Treaty of 1949 on the 
     Accession of Montenegro, which was opened for signature in 
     Brussels on May 19, 2016, and signed on behalf of the United 
     States of America (the ``Protocol'') (Treaty Doc. 114-12), 
     subject to the declarations of section 2 and the conditions 
     of section 3.
       Sec. 2. Declarations.
       The advice and consent of the Senate under section 1 is 
     subject to the following declarations:
       (1) Reaffirmation that United States Membership in NATO 
     Remains a Vital National Security Interest of The United 
     States.--The Senate declares that--
       (A) for more than 60 years the North Atlantic Treaty 
     Organization (NATO) has served as the preeminent organization 
     to defend 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 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 
     equitably 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 security 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) the United States and its NATO allies face continued 
     threats to their stability and territorial integrity;
       (B) an attack against Montenegro, or its destabilization 
     arising from external subversion, would threaten the 
     stability of Europe and jeopardize United States national 
     security interests;
       (C) Montenegro, having established a democratic government 
     and having demonstrated a willingness to meet the 
     requirements of membership, including those necessary to 
     contribute to the defense of all NATO members, is 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 Montenegro will strengthen 
     NATO, enhance stability in Southeast Europe, and advance the 
     interests of the United States and its NATO allies.
       (3) Support for NATO's Open Door Policy.--The policy of the 
     United States is to support NATO's Open Door Policy that 
     allows any European country to express its desire to join 
     NATO and demonstrate its ability to meet the obligations of 
     NATO membership.
       (4) Future Consideration Of Candidates For Membership In 
     NATO.--
       (A) Senate Finding.--The Senate finds that the United 
     States will not support the accession to the North Atlantic 
     Treaty of, or the invitation to begin accession talks with, 
     any European state (other than Montenegro), 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 all of the 
     obligations and responsibilities of membership, and the 
     inclusion of such state in NATO 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 commitment to 
     collective defense and consultations pursuant to Articles 4 
     and 5 of the North Atlantic Treaty.
       (5) Influence Of Non-NATO Members On NATO Decisions.--The 
     Senate declares that any country that is not a member of NATO 
     shall have no impact on decisions related to NATO 
     enlargement.
       (6) Support for 2014 Wales Summit Defense Spending 
     Benchmark.--The Senate declares that all NATO members should 
     continue to move towards the guideline outlined in the 2014 
     Wales Summit Declaration to spend a minimum of 2 percent of 
     their Gross Domestic Product (GDP) on defense and 20 percent 
     of their defense budgets on major equipment, including 
     research and development, by 2024.
       (7) Support for Montenegro's Democratic Reform Process.--
     Montenegro has made difficult reforms and taken steps to 
     address corruption. The United States and other NATO member 
     states should not consider this important process complete 
     and should continue to urge additional reforms.
       Sec. 3. Conditions.
       The advice and consent of the Senate under section 1 is 
     subject to the following conditions:
       (1) Presidential Certification.--Prior to the deposit of 
     the instrument of ratification, the President shall certify 
     to the Senate as follows:
       (A) The inclusion of Montenegro in NATO will not have the 
     effect of increasing the overall percentage share of the 
     United States in the common budgets of NATO.
       (B) The inclusion of Montenegro 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.
       (2) Annual Report on NATO Member Defense Spending.--Not 
     later than December 1 of each year during the 8-year period 
     following the date of entry into force of the Protocol to the 
     North Atlantic Treaty of 1949 on the Accession of Montenegro, 
     the President shall submit to the appropriate congressional 
     committees a report, which shall be submitted in an 
     unclassified form, but may be accompanied by a classified 
     annex, and which shall contain the following information:
       (A) The amount each NATO member spent on its national 
     defense in each of the previous 5 years.
       (B) The percentage of GDP for each of the previous 5 years 
     that each NATO member spent on its national defense.
       (C) The percentage of national defense spending for each of 
     the previous 5 years that each NATO member spent on major 
     equipment, including research and development.
       (D) Details on the actions a NATO member has taken in the 
     most recent year reported to move closer towards the NATO 
     guideline outlined in the 2014 Wales Summit Declaration to 
     spend a minimum of 2 percent of its GDP on national defense 
     and 20 percent of its national defense budget on major 
     equipment, including research and development, if a NATO 
     member is below either guideline for the most recent year 
     reported.
       Sec. 4. Definitions.
       In this resolution:
       (1) Appropriate Congressional Committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations and the Committee on Armed Services of 
     the Senate and the Committee on Foreign Affairs and the 
     Committee on Armed Services of the House of Representatives.
       (2) NATO Members.--The term ``NATO members'' means all 
     countries that are parties to the North Atlantic Treaty.
       (3) Non-NATO Members.--The term ``non-NATO members'' means 
     all countries that are not parties to the North Atlantic 
     Treaty.
       (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 April 4, 1949 (63 Stat. 2241; TIAS 1964), as 
     amended.
       (6) United States Instrument of Ratification.--The term 
     ``United States instrument of ratification'' means the 
     instrument of ratification of the United States of the 
     Protocol to the North Atlantic Treaty of 1949 on the 
     Accession of Montenegro.

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