December 7, 2016 - Issue: Vol. 162, No. 176 — Daily Edition114th Congress (2015 - 2016) - 2nd Session
EXECUTIVE REPORT OF COMMITTEE--TREATY; Congressional Record Vol. 162, No. 176
(Senate - December 07, 2016)
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[Page S6840] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] 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. ____________________