Section 1 Short title
This Act may be cited as the “Euro-Atlantic Solidarity and Major Democratic Ally Act of 2022”.
Euro-Atlantic Solidarity and Major Democratic Ally Act of 2022
A BILL
To amend the Foreign Assistance Act of 1961 to provide for the designation of certain countries, including Ukraine, the Republic of Georgia, and the Republic of Moldova, as major democratic allies, and for other purposes.
Sec. 2 Designation of major democratic allies; improved oversight of certain designated allies
Designation and oversight— Chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.) is amended by adding at the end the following new sections:
“518. Designation of major democratic allies
“(a) Designation
“(1) In general—The President may designate a country that the President determines meets the standards under paragraph (2) as a major democratic ally for purposes of this Act and the Arms Export Control Act (22 U.S.C. 2751 et seq.).
“(2) Standards—A country meets the standards under this paragraph if the country—
“(A) adheres to democratic principles; or
“(B) demonstrates progress towards such principles.
“(3) Notice to Congress—The President shall notify the Congress in writing at least 30 days before—
“(A) designating a country as a major democratic ally pursuant to paragraph (1); or
“(B) terminating such a designation.
“(4) Initial designations—Ukraine, the Republic of Georgia, and the Republic of Moldova shall be deemed to have been so designated by the President as of the effective date of this section, and the President is not required to notify the Congress of such designation of those countries.
“(b) Benefits for designated countries
“(1) Improved provision of defense articles—The President, in coordination with the Secretary of Defense, shall take such steps as may be necessary to simplify and accelerate the provision of defense articles to countries designated as major democratic allies under subsection (a), including by ensuring that, in selecting countries with which the Secretary of Defense will seek to enter into a security of supply arrangement, the Secretary of Defense gives priority to such countries.
“(2) Improved trade terms for defense articles and strategic materials—The President, in coordination with the Secretary of State and the Secretary of Commerce, shall provide for improved trade terms for defense articles and strategic materials between countries designated as major democratic allies under subsection (a) and the United States, including by waiving or reducing, in whole or in part, tariffs for the importation from such countries into the United States of such articles and materials.
“(3) Democratic Alliance Commissions
“(A) In general—The President shall seek to establish a bilateral commission between each country designated as a major democratic ally under subsection (a) and the United States for the purpose of facilitating bilateral efforts relating to security cooperation, security assistance, the promotion of democracy, human rights, trade, and such other issues as the President may determine appropriate and consistent with such designation. Each commission so established shall be known as a “Democratic Alliance Commission”.
“(B) Meetings—Each Democratic Alliance Commission established between a country designated as a major democratic ally and the United States pursuant to paragraph (A) shall hold regular meetings. Such meetings shall be co-chaired by the Secretary of State (or the Special Advisor under section 519(a), as an alternate co-chair) and an appropriate counterpart of the government of such country.
“(C) Preexisting commissions—If the President determines that, as of the date on which a country is designated as a major democratic ally under subsection (a) or deemed to have been so designated, there is a previously established bilateral commission between that country and the United States with the capability to serve the purpose referred to in subparagraph (A), such commission may be deemed a “Democratic Alliance Commission” for purposes of that subparagraph and the President shall not be required to seek to establish a new commission.
“(c) Termination—With respect to the designation of a country as a major democratic ally under this section, the President may terminate such designation if the President determines, taking into consideration the findings of the annual reports submitted pursuant to section 519(c) and such other considerations as the President may determine appropriate, that the country does not meet the standards under subsection (a)(2).
“(d) Rule of construction—The designation of a country as a major democratic ally under this section may not be construed as a substitute or impediment to—
“(1) accession to the North Atlantic Treaty Organization;
“(2) entrance into a bilateral security treaty with the United States; or
“(3) entrance into any other form of alliance or alignment with the United States or the Euro-Atlantic community.
“(e) Definitions—In this section:
“(1) Defense article—The term “defense article” has the meaning given that term in section 47 of the Arms Export Control Act (22 U.S.C. 2794).
“(2) Security supply arrangement—The term “security supply arrangement” means a non-binding international agreement between the Secretary of Defense and an appropriate counterpart from a foreign government that provides a framework for the priority receipt and provision of defense articles and defense services between the United States and the foreign government.
“(3) Strategic material—The term “strategic material” means a material determined strategic by the President, such as titanium, steel, manganese, and rare earth elements.
“519. Oversight of major non-NATO allies and major democratic allies
“(a) Special Advisor
“(1) Appointment—The Secretary of State shall appoint a Special Advisor for Major Non-NATO Allies and Major Democratic Allies.
“(2) Pay rate—The Special Advisor under paragraph (1) shall be compensated at the rate provided for Level IV of the Executive Schedule Pay Rates under section 5315 of title 5, United States Code.
“(3) Duties—The duties of the Special Advisor under paragraph (1) shall include the following:
“(A) Overseeing the relations of the United States with covered countries to ensure each covered country receives appropriate benefits and adheres to appropriate standards in accordance with the respective covered designation of that country.
“(B) Overseeing support by the United States for the promotion of democracy in covered countries.
“(C) Advising the President on the addition of new covered countries.
“(D) Advising the President on the termination of covered designations, including by assisting in the development of recommendations included in the annual report under subsection (c).
“(E) Coordinating efforts under each Democratic Alliance Commission established pursuant to paragraph (3) of section 518(b), including by serving as alternate co-chair of meetings pursuant to subparagraph (B) of such paragraph.
“(4) Staff and detailees
“(A) Staff—The Special Advisor under paragraph (1) may appoint personnel from among employees in the civil service or members of the Foreign Service as the Special Advisor considers appropriate.
“(B) Detailees—Upon request of the Special Advisor under paragraph (1), the head of any office of the legislative branch or Federal department or agency may detail, on a reimbursable basis, any personnel of that office, department, or agency to the Special Advisor to assist in carrying out the duties under paragraph (3). The Special Advisor shall encourage, to the maximum extent practicable, the detail of personnel under this subparagraph in carrying out such duties, to ensure interagency coordination.
“(b) Deputy Special Advisor
“(1) Designation—The Secretary of State shall designate a civil service officer or Foreign Service officer serving in a position classified at GS–15 under the General Schedule under subchapter III of chapter 53 of title 5, United States Code, or (in the case of a detailee) an equivalent level under another wage system, as the Deputy Special Advisor for Major Non-NATO Allies and Major Democratic Allies.
“(2) Relationship to Special Advisor—The Deputy Special Advisor under paragraph (1) shall report to the Special Advisor under subsection (a)(1) and shall serve as Special Advisor in the absence of the Special Advisor.
“(c) Annual report
“(1) In general—The Secretary of State (in coordination with the Secretary of Defense, the Secretary of Commerce, and the Special Advisor under subsection (a)(1)) shall annually submit to the President and Congress, and make publicly available, a report on covered countries.
“(2) Matters—Each report submitted under paragraph (1) shall include an assessment of the following:
“(A) Efforts taken by each covered country to promote positive relations between the covered country and other allies and partners of the United States.
“(B) The activities and goals of each Democratic Alliance Commission established pursuant to section 518(b)(3).
“(C) The adherence to, or progress made towards, democratic principles by each covered country.
“(D) The suitability of each covered country to maintain the respective covered designation of that country (which may include, at the discretion of the Secretary of State, a recommendation on whether the President should terminate such covered designation).
“(d) Definitions—In this section:
“(1) Covered country—The term “covered country” means a country with a covered designation.
“(2) Covered designation—The term “covered designation” means a designation as a major non-NATO ally pursuant to section 517 or a major defense ally pursuant to section 518.”
Equivalency of major democratic allies to major non-NATO allies—
Equivalency under Foreign Assistance Act of 1961— The Foreign Assistance Act of 1961, as amended by subsection (a), is further amended—
in section 514(c)(2) (22 U.S.C. 2321h), by inserting “ a major democratic ally,” after “a major non-NATO ally,”;
in section 516(c)(2) (22 U.S.C. 2321j), by inserting “ and major democratic allies” after “major non-NATO allies”;
in section 620J(a)(2) (22 U.S.C. 2378a), by striking “(as defined in section 644(q))” and inserting “or a major democratic ally (as such terms are defined in section 644)”; and
in section 644 (22 U.S.C. 2403), by adding at the end the following new subsection:
“(r) Major democratic ally—In this section, the term “major democratic ally” means a country which is designated in accordance with section 518 as a major democratic ally for purposes of this Act and the Arms Export Control Act (22 U.S.C. 2751 et seq.).”
Equivalency under Arms Export Control Act— The Arms Export Control Act is amended—
in section 21(g) (22 U.S.C. 2761), by inserting “ or major democratic allies” after “major non-NATO allies”; and
in section 65(a)(1) (22 U.S.C. 2796d), by inserting “, or a major democratic ally,” after “major non-NATO ally” each place it appears.
Conforming amendment— Section 5315 of title 5, United States Code, is amended by adding at the end the following new item:
“Special Advisor for Major Non-NATO Allies and Major Democratic Allies.”
Sec. 3 Defense of Ukraine, Republic of Georgia, and other countries from Russian aggression
Sense of Congress— Consistent with longstanding United States policy, and consistent with the declaration at the 2008 North Atlantic Treaty Organization (NATO) Summit in Bucharest, Romania, that Ukraine and the Republic of Georgia will accede to NATO, it is the sense of Congress that Ukraine, the Republic of Georgia, and the Republic of Moldova, should it wish to join, would be welcome and valuable allies in NATO upon accession.
Actions relating to Ukraine and Republic of Georgia—
In general— The President shall—
direct the Permanent Representative of the United States to NATO to use the voice, vote, and influence of the United States at NATO to advocate for and accelerate the accession of Ukraine and the Republic of Georgia to NATO; and
until the date on which such accessions have occurred, take such steps as may be necessary to ensure the independence, sovereignty, and security of Ukraine and the Republic of Georgia.
Annual report— On an annual basis until the date on which Ukraine and the Republic of Georgia accede to NATO, the Secretary of State shall submit to Congress a report on the efforts taken by the President during the year covered by the report to advocate for and accelerate the accession of Ukraine and the Republic of Georgia to NATO.
United States policy relating to defense of certain NATO member states—
In general— It is the policy of the United States that the President shall consider any direct or indirect armed attack attributable to the Russian Federation against a member state of NATO intervening in defense of any country described in paragraph (2) against Russian aggression as an armed attack subject to the principle of collective defense pursuant to Article 5 of the North Atlantic Treaty, signed at Washington on April 4, 1949.
Countries described— The countries described in this paragraph are the following:
The Republic of Georgia.
Moldova.
Ukraine.
Any other country in Europe that is not a member state of NATO.
Plans required— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall complete the development of a separate plan for the defense against Russia, consistent with the required actions under subsection (b)(1), as applicable, of each of the countries listed in subparagraphs (A) through (C) of subsection (c)(2).
Sec. 4 Sense of Congress on deterrence of further Russian aggression against Ukraine with respect to threat of weapons of mass destruction
Findings— Congress finds the following:
The Russian Federation is currently engaged in a brutal, illegal, premeditated, and destructive war against the sovereign, democratic country of Ukraine.
The Russian war on Ukraine is in gross, clear, and uncorrected violation of the principles of the Helsinki Final Act, in contravention of the United Nations Charter, in violation of its obligations under the 1994 Budapest Memorandum, and an unmitigated moral stain on its countenance.
The Russian leadership has made numerous implied and overt threats regarding the potential use of chemical, biological, or nuclear weapons of mass destruction in connection with its barbaric war on Ukraine.
The Russian war on Ukraine is not only a humanitarian catastrophe and a global and national security crisis, but also a direct and potentially irreparable threat to global nonproliferation, including notorious and gross Russian violations of its obligations under the Budapest Memorandums and the conduct of a civilized state.
In exchange for Ukraine eliminating all nuclear weapons from its territory, the 1994 Budapest Memorandum committed its signatories, Russia, the United Kingdom, and the United States, to refrain from the threat or use of force or economic coercion against Ukraine, and provided guarantees for the independence and sovereignty and territorial integrity of Ukraine.
The employment of chemical or biological weapons by Russia would be in violation of its obligations under the Chemical Weapons Convention, the Geneva Protocol, and the Biological Weapons Convention.
The United States does not seek war, and urges an immediate end to Russian aggression in and against Ukraine, but the potential use of chemical, biological, or nuclear weapons of mass destruction by the Russian military constitutes grave escalation over redlines that imperil United States national security and international peace.
Sense of Congress— It is the sense of Congress that—
the President should—
declare that the Russian employment of chemical, biological, or nuclear weapons of mass destruction, including low-yield “tactical” nuclear weapons, “false flag” operations using such weapons of mass destruction, and the purposeful or deliberate targeting or neglect of nuclear facilities that leads to a nuclear event, against or in connection with the Russian war on Ukraine, would represent crimes against humanity;
treat such crimes against humanity as an urgent national and global security threat that may require, in concert with other member states of the North Atlantic Treaty Organization, the employment of any available conventional means as necessary to secure the peace, including the potential need to degrade and destroy offending Russian forces in Ukraine; and
make immediate efforts to provide the military and other material means needed for the legitimate democratic Government of Ukraine to be able to defend its national sovereignty; and
Congress stands ready to make additional appropriations or pass other legislation to meet the needs of securing the common struggle of Ukraine, Europe, and the United States against Russian aggression.