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Title I — Matters relating to North Atlantic Treaty Organization

S. 482 · 116th Congress · Feb 13, 2019 · Lineage

I Matters relating to North Atlantic Treaty Organization

A Opposition of the Senate to withdrawal from NATO

Sec. 101 Opposition of the Senate to withdrawal from North Atlantic Treaty

The Senate opposes any effort to withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949.

Sec. 102 Limitation on use of funds

No funds authorized or appropriated by any Act may be used to support, directly or indirectly, any efforts on the part of any United States Government official to take steps to withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, until such time as the Senate passes, by an affirmative vote of two-thirds of Members, a resolution advising and consenting to the withdrawal of the United States from the treaty.

Sec. 103 Authorization for Senate Legal Counsel to represent Senate in opposition to withdrawal from the North Atlantic Treaty

The Senate Legal Counsel is authorized to represent the Senate in initiating or intervening in any judicial proceedings in any Federal court of competent jurisdiction, on behalf of the Senate, in order to oppose any withdrawal of the United States from the North Atlantic Treaty in the absence of the passage by the Senate of a resolution described in section 102.

Sec. 104 Reporting requirement

The Senate Legal Counsel shall report as soon as practicable to the Committee on Foreign Relations of the Senate with respect to any judicial proceedings which the Senate Legal Counsel initiates or in which it intervenes pursuant to this title.

B Strengthening the NATO alliance

Sec. 111 Report on NATO alliance resilience and United States diplomatic posture

(a)
In general— Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State, in consultation with the Secretary of Defense, shall submit a report to the appropriate congressional committees providing an assessment of the threats and challenges facing the NATO alliance and United States diplomatic posture.
(b)
Elements— The report required under subsection (a) shall include the following elements:
(1)
A review of current and emerging United States national security interests in the NATO area of responsibility.
(2)
A review of current United States political and diplomatic engagement and political-military coordination with NATO and NATO member states.
(3)
Options for the realignment of United States engagement with NATO to respond to new threats and challenges presented by the Government of the Russian Federation to the NATO alliance, as well as new opportunities presented by allies and partners.
(4)
The views of counterpart governments, including heads of state, heads of government, political leaders, and military commanders in the region.

Sec. 112 Expedited NATO excess defense articles transfer program

(a)
Report— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report with recommendations regarding the need for and suitability of transferring excess defense articles under this section to countries in the NATO alliance, with particular emphasis on the foreign policy benefits as it pertains to those member states currently purchasing defense articles or services from the Russian Federation.
(b)
Period for review by congress of recommendations for EDA transfer to NATO members— During the 30-calendar-day period following submission by the Secretary of Defense of the report required under subsection (a), the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives shall, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the recommendations included in the report.
(c)
Transfer authority— The President is authorized to transfer such excess defense articles in a fiscal year as the Secretary of Defense recommends pursuant to this section to countries for which receipt of such articles was justified pursuant to the annual congressional presentation documents for military assistance programs, or for which receipt of such articles was separately justified to Congress, for such fiscal year.
(d)
Limitations on transfers— The President may transfer excess defense articles under this section only if—
(1)
such articles are drawn from existing stocks of the Department of Defense;
(2)
funds available to the Department of Defense for the procurement of defense equipment are not expended in connection with the transfer;
(3)
the President determines that the transfer of such articles will not have an adverse impact on the military readiness of the United States;
(4)
with respect to a proposed transfer of such articles on a grant basis, the President determines that the transfer is preferable to a transfer on a sales basis, after taking into account the potential proceeds from, and likelihood of, such sales, and the comparative foreign policy benefits that may accrue to the United States as the result of a transfer on either a grant or sales basis; and
(5)
the President determines that the transfer of such articles will not have an adverse impact on the national technology and industrial base and, particularly, will not reduce the opportunities of entities in the national technology and industrial base to sell new or used equipment to the countries to which such articles are transferred.
(e)
Terms of transfers—
(1)
No cost to recipient country— Excess defense articles may be transferred under this section without cost to the recipient country.
(2)
Priority— Notwithstanding any other provision of law, the delivery of excess defense articles under this section to member countries of NATO that still purchase defense goods and services from the Russian Federation and pledge to decrease such purchases shall be given priority to the maximum extent feasible over the delivery of such excess defense articles to other countries.
(3)
Transportation and related costs—
(A)
In general— Except as provided in subparagraph (B), funds available to the Department of Defense may not be expended for crating, packing, handling, and transportation of excess defense articles transferred under the authority of this section.
(B)
Exception— The President may provide for the transportation of excess defense articles without charge to a country for the costs of such transportation if—
(i)
it is determined that it is in the national interest of the United States to do so;
(ii)
the recipient is a NATO member state currently purchasing defense goods and services from the Russian Federation that has pledged to reduce such purchases;
(iii)
the total weight of the transfer does not exceed 50,000 pounds; and
(iv)
such transportation is accomplished on a space available basis.

Sec. 113 Definitions

In this subtitle:
(1)
Appropriate congressional committees— The term appropriate congressional committees means—
(A)
the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
(B)
the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
(2)
NATO— The term NATO means the North Atlantic Treaty Organization.