A bill to consolidate democracy and security in the Western Balkans by supporting the Governments and people of Bosnia and Herzegovina and Montenegro in reaching their goal of eventual NATO membership, and to welcome further NATO partnership with the Republic of Serbia, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``NATO-Western Balkans Support Act of 
2009''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The commitment of the North Atlantic Treaty 
        Organization (NATO) to mutual defense and the territorial 
        integrity of its members has advanced the democratic 
        transformation of Central and Eastern Europe and significantly 
        enhanced the security of Europe. Nowhere in Europe has the 
        search for sustainable peace been more challenging than in the 
        Western Balkans. NATO has the ability to encourage the 
        countries of the Western Balkans to embrace collective 
        security, consolidate their democratic gains, and extend their 
        commitment to integration in Euro-Atlantic institutions.
            (2) NATO membership offers the ultimate protection against 
        perceived external threats and has demonstrated its role in 
        lowering regional tensions. Croatia's successful accession to 
        NATO has encouraged other states of the Western Balkans to 
        consider the possibility of their own membership more 
        seriously. Bosnia and Herzegovina and Montenegro are already 
        seriously engaged in the process of meeting NATO membership 
        criteria as active members of the Partnership for Peace and 
        Intensified Dialogue with NATO.
            (3) In Western Balkan states like Bosnia and Herzegovina 
        and Montenegro, the process of NATO accession can provide focus 
        for ongoing efforts to improve the functionality and efficiency 
        of the armed forces and the state more broadly. In Bosnia and 
        Herzegovina, many reforms necessary to improve the 
        functionality of the state, such as resolution of the defense-
        related property issue, are also necessary for NATO membership.
            (4) The success of Serbia is central to the success of the 
        Western Balkans. The United States Government welcomes the 
        decision of the democratically elected Government of Serbia to 
        join the Partnership for Peace Program in 2006 and encourages 
        as strong a relationship as is possible between NATO and the 
        Government and people of Serbia. As Vice President Joseph Biden 
        said in Belgrade on May 20, 2009, ``The United States strongly 
        supports Serbian membership in the European Union and expanding 
        security cooperation between Serbia, the United States, and our 
        allies. We will use our influence, our energy, and our 
        resources to promote Serbia's Euro-Atlantic aspirations.''.
            (5) 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''.
            (6) Under the NATO Enlargement Facilitation Act of 1996 (as 
        enacted into law by 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 NATO, 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 Poland, Hungary, the Czech Republic, 
        and Slovenia as full members of the NATO Alliance''.
            (7) 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''.
            (8) 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.''.
            (9) At the Madrid Summit of the North Atlantic Treaty 
        Organization in July 1997, Poland, Hungary, and the Czech 
        Republic were invited to join NATO, and the North Atlantic 
        Treaty Organization heads of state and government issued a 
        declaration stating, ``The alliance expects to extend further 
        invitations in coming years to nations willing and able to 
        assume the responsibilities and obligations of membership . . . 
        No European democratic country whose admission would fulfill 
        the objectives of the [North Atlantic] Treaty will be excluded 
        from consideration''.
            (10) At the Washington, DC, Summit of the North Atlantic 
        Treaty Organization in April 1999, the North Atlantic Treaty 
        Organization heads of state and government issued a communique 
        declaring, ``We 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 . . . The three new members will not be the 
        last . . . No European democratic country whose admission would 
        fulfill the objectives of the Treaty will be excluded from 
        consideration, regardless of its geographic location''.
            (11) On June 15, 2001, in a speech in Warsaw, Poland, 
        President George W. Bush stated, ``All 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 . . .''.
            (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 . . . No nation 
        will be automatically excluded . . . No 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 
        NATO 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) 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, ``We celebrate the success of NATO's Open Door 
        Policy, and reaffirm today that our seven new members will not 
        be the last. The door to membership remains open.''.
            (15) At the Riga Summit of the NATO Alliance November 2006, 
        NATO heads of state and government affirmed in their 
        declaration that ``Bosnia and Herzegovina, Montenegro and 
        Serbia can offer valuable contributions to regional stability 
        and security'' and that NATO should ``encourage further 
        positive developments in the region on its path towards Euro-
        Atlantic integration''. It was at Riga that Bosnia and 
        Herzegovina, Montenegro, and Serbia were offered membership in 
        the Partnership for Peace and Euro-Atlantic Partnership 
        Council.
            (16) At the Bucharest Summit of the NATO Alliance in April 
        2008, the NATO heads of state and government issued a 
        declaration stating that in the Balkans, ``Euro-Atlantic 
        integration, based on democratic values and regional 
        cooperation, remains necessary for lasting peace and 
        stability.'' The Declaration also noted that ``we have decided 
        to invite Bosnia and Herzegovina and Montenegro to begin an 
        Intensified Dialogue on the full range of political, military, 
        financial, and security issues relating to their aspirations to 
        membership''.
            (17) At the Strasbourg/Kehl NATO Summit, the heads of state 
        and government participating in the meeting of the North 
        Atlantic Council on April 4, 2009, reiterated that ``[i]n 
        accordance with Article 10 of the Washington Treaty, NATO's 
        door will remain open to all European democracies which share 
        the values of our Alliance, which are willing and able to 
        assume the responsibilities and obligations of membership, and 
        whose inclusion can contribute to common security and 
        stability''.
            (18) The Summit Declaration also acknowledged the progress 
        of the Government of Bosnia and Herzegovina on ``cooperation 
        with NATO, including through implementation of its current 
        IPAP, and the country's expressed intention to apply for MAP at 
        an appropriate time.'' The declaration also urged ``Bosnia and 
        Herzegovina's political leaders to take further genuine steps 
        to strengthen state-level institutions and reinvigorate the 
        reform process to advance the country's Euro-Atlantic 
        aspirations.''.
            (19) With respect to Montenegro, the NATO heads of state 
        and government declared at the 2009 Strasbourg/Kehl NATO 
        Summit, ``We welcome Montenegro's successful and active 
        implementation of its current Individual Partnership Action 
        Plan (IPAP) with NATO. We are encouraged by the reforms it has 
        made in a number of areas that are essential to its Euro-
        Atlantic integration and also by its contributions to 
        cooperation and security in the region. We are looking forward 
        to Montenegro's further determined efforts in this regard. The 
        Council in permanent session is keeping Montenegro's progress 
        under active review and will respond early to its request to 
        participate in the Membership Action Plan (MAP), on its own 
        merits.''.
            (20) Bosnia and Herzegovina and Montenegro deserve 
        recognition for their cooperation with the International 
        Criminal Tribunal for the former Yugoslavia (ICTY). Although 
        Serbia has not yet completely fulfilled its ICTY obligations, 
        the continued support of the Government of Serbia for the 
        process until its conclusion is the best way to ensure the 
        peace and to prepare the way to full participation of Serbia in 
        European institutions.

SEC. 3. DECLARATIONS OF POLICY.

    Congress--
            (1) supports the commitment to further enlargement of the 
        North Atlantic Treaty Organization to include Bosnia and 
        Herzegovina and Montenegro, as European democracies, that are 
        able and willing to meet the responsibilities of membership, as 
        expressed by NATO in its Madrid Summit Declaration of 1997, its 
        Washington, DC, Summit Communique of 1999, its Prague Summit 
        Declaration of 2002, its Istanbul Summit Communique of 2004, 
        its Riga Summit Declaration of 2006, its Bucharest Summit 
        Declaration of 2008, and its Strasbourg/Kehl Declaration of 
        2009;
            (2) encourages United States allies in the North Atlantic 
        Treaty Organization to utilize the opportunity of the ongoing 
        Strategic Concept review to reinvigorate and transform NATO's 
        approach to its commitment to the peace, stability, and 
        democratic success of the Western Balkans;
            (3) endorses cooperation with representatives of the 
        Government of Bosnia and Herzegovina to determine a realistic 
        timetable and plan, constructed in conjunction with other NATO 
        allies, for Bosnia and Herzegovina to meet the criteria for 
        NATO membership, with the goal of improving the functionality 
        of the Government of Bosnia and Herzegovina through the 
        achievement of the commonly accepted political, military, 
        economic, and social standards;
            (4) declares that United States support for Bosnia and 
        Herzegovina's membership should be contingent upon thorough 
        achievement of these exacting requirements, and that NATO 
        membership criteria must not be compromised;
            (5) calls for the timely admission of Bosnia and 
        Herzegovina and Montenegro 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; and
            (6) reaffirms the need for engagement with the 
        democratically elected government of Serbia and amelioration of 
        past bilateral tensions with greater interaction between the 
        people of the United States and Serbia, including support by 
        the United States Government for the process of including 
        Serbia in trans-Atlantic institutions as the Government of 
        Serbia fulfills the necessary criteria.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the existing position of political advisor within the 
        NATO Mission in Sarajevo should be filled by an ambassadorial-
        level United States diplomat as ``senior civilian 
        representative'' to the NATO Mission in Sarajevo;
            (2) this senior civilian representative should have primary 
        responsibility for defense and security sector reform and NATO/
        Partnership for Peace integration;
            (3) the position requires coordination with international 
        organizations and national authorities in Bosnia and 
        Herzegovina;
            (4) it is important that this effort have civilian 
        leadership and the senior civilian representative should work 
        in conjunction with the senior military representative and lead 
        the political-military staff;
            (5) the substantial credibility in Bosnia and Herzegovina 
        enjoyed by the United States should be harnessed to facilitate 
        the fulfillment by the Government of Bosnia and Herzogovina of 
        NATO membership criteria; and
            (6) the Secretary of State should provide a regular 
        briefing, not less than annually, to the Committee on Foreign 
        Relations of the Senate on the progress of the efforts required 
        under this Act.

SEC. 5. DESIGNATION OF BOSNIA AND HERZEGOVINA AND MONTENEGRO AS 
              ELIGIBLE TO RECEIVE ASSISTANCE UNDER THE NATO 
              PARTICIPATION ACT OF 1994.

    (a) Designation.--
            (1) Bosnia and herzegovina.--Bosnia and Herzegovina 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) Montenegro.--Montenegro 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 Bosnia and 
Herzegovina and Montenegro 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 (as enacted into law 
        by 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), 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), and the designation of the Republic of 
        Albania, the Republic of Croatia, Georgia, the Republic of 
        Macedonia (FYROM), and Ukraine pursuant to section 4(a) of the 
        NATO Freedom Consolidation Act of 2007 (Public Law 110-17; 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. 6. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES DESIGNATED 
              UNDER THE NATO PARTICIPATION ACT OF 1994.

    Of the amounts made available for fiscal year 2010 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 Bosnia 
and Herzegovina and Montenegro.

Summary: NATO-Western Balkans Support Act of 2009 - States that Congress supports the commitment to further enlargement of the North Atlantic Treaty Organization (NATO) to include Bosnia and Herzegovina and Montenegro. Expresses the sense of Congress that the existing position of political advisor within the NATO Mission in Sarajevo should be filled by an ambassadorial-level US diplomat as senior civilian representative to the NATO Mission in Sarajevo. Deems Bosnia and Herzegovina and Montenegro as eligible to receive assistance under the NATO Participation Act of 1994. States that such designation: (1) is in addition to the designation of Poland, Hungary, the Czech Republic, and Slovenia pursuant to the NATO Enlargement Facilitation Act of 1996, the designation of Romania, Estonia, Latvia, Lithuania, and Bulgaria pursuant to the European Security Act of 1998, and the designation of Slovakia pursuant to the Gerald B. H. Solomon Freedom Consolidation Act of 2002, and the designation of the Republic of Albania, the Republic of Croatia, Georgia, the Republic of Macedonia (FYROM), and Ukraine pursuant to the NATO Freedom Consolidation Act of 2007 as eligible to receive assistance under the NATO Participation Act of 1994. And (2) shall not preclude the designation by the President of other countries as eligible to receive assistance under the NATO Participation Act of 1994. Authorizes FY2010 appropriations under the Arms Export Control Act for assistance to Bosnia and Herzegovina and Montenegro.