PUBLIC LAW 110–17—APR. 9, 2007 121 STAT. 73

Public Law 110–17

110th Congress

An Act

To endorse further enlargement of the North Atlantic Treaty Organization (NATO)

and to facilitate the timely admission of new members to NATO, and for other

purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘NATO Freedom Consolidation

Act of 2007’’.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) The sustained commitment of the North Atlantic Treaty

Organization (NATO) to mutual defense has made possible

the democratic transformation of Central and Eastern Europe.

Members of the North Atlantic Treaty Organization can and

should play a critical role in addressing the security challenges

of the post-Cold War era in creating the stable environment

needed for those emerging democracies in Europe.

(2) Lasting stability and security in Europe requires the

military, economic, and political integration of emerging democracies into existing European structures.

(3) In an era of threats from terrorism and the proliferation

of weapons of mass destruction, the North Atlantic Treaty

Organization is increasingly contributing to security in the

face of global security challenges for the protection and interests

of its member states.

(4) 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 . . .’’.

(5) In the NATO Enlargement Facilitation Act of 1996

(title VI of 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 the North Atlantic Treaty Organization, 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

22 USC 1928

note.

NATO Freedom

Consolidation Act

of 2007.

22 USC 1928

note.

Apr. 9, 2007

[S. 494]

121 STAT. 74 PUBLIC LAW 110–17—APR. 9, 2007

Poland, Hungary, the Czech Republic, and Slovenia as full

members of the NATO Alliance’’.

(6) 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’’ and that ‘‘Romania,

Estonia, Latvia, Lithuania, and Bulgaria . . . would make

an outstanding contribution to furthering the goals of NATO

and enhancing stability, freedom, and peace in Europe should

they become NATO members [and] upon complete satisfaction

of all relevant criteria should be invited to become full NATO

members at the earliest possible date’’.

(7) 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’’.

(8) At the Madrid Summit of the North Atlantic Treaty

Organization in July 1997, Poland, Hungary, and the Czech

Republic were invited to join the Alliance, and the North

Atlantic Treaty Organization heads of state and government

issued a declaration stating ‘‘[t]he alliance expects to extend

further invitations in coming years to nations willing and able

to assume the responsibilities and obligations of membership

. . . [n]o European democratic country whose admission would

fulfill the objectives of the [North Atlantic] Treaty will be

excluded from consideration’’.

(9) At the Washington Summit of the North Atlantic Treaty

Organization in April 1999, the North Atlantic Treaty Organization heads of state and government issued a communique ́

declaring ‘‘[w]e 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 . . . [t]he three new members will

not be the last . . . [n]o European democratic country whose

admission would fulfill the objectives of the Treaty will be

excluded from consideration, regardless of its geographic location . . .’’.

(10) In May 2000 in Vilnius, Lithuania, the foreign ministers of Albania, Bulgaria, Estonia, Latvia, Lithuania, the

Republic of Macedonia (FYROM), Romania, Slovakia, and Slovenia issued a statement (later joined by Croatia) declaring

that—

(A) their countries will cooperate in jointly seeking

membership in the North Atlantic Treaty Organization

in the next round of enlargement of the North Atlantic

Treaty Organization;

(B) the realization of membership in the North Atlantic

Treaty Organization by one or more of these countries

would be a success for all; and

(C) eventual membership in the North Atlantic Treaty

Organization for all of these countries would be a success

for Europe and for the North Atlantic Treaty Organization.

PUBLIC LAW 110–17—APR. 9, 2007 121 STAT. 75

(11) On June 15, 2001, in a speech in Warsaw, Poland,

President George W. Bush stated ‘‘[a]ll 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 . . . [a]s we plan to

enlarge NATO, no nation should be used as a pawn in the

agenda of others . . . [w]e will not trade away the fate of

free European peoples . . . [n]o more Munichs . . . [n]o more

Yaltas . . . [a]s we plan the Prague Summit, we should not

calculate how little we can get away with, but how much

we can do to advance the cause of freedom’’.

(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 . . . [n]o

nation will be automatically excluded . . . [n]o 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 the Alliance 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) On May 8, 2003, the United States Senate unanimously approved the Resolution of Ratification to Accompany

Treaty Document No. 108–4, Protocols to the North Atlantic

Treaty of 1949 on Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia, inviting Bulgaria,

Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia

to join the North Atlantic Treaty Organization.

(15) 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 ‘‘[w]e celebrate the success of NATO’s Open Door

Policy, and reaffirm tody that our seven new members will

not be the last. The door to membership remains open. We

welcome the progress made by Albania, Croatia, and the former

Yugoslav Republic of Macedonia (1) in implementing their

Annual National Programmes under the Membership Action

Plan, and encourage them to continue pursuing the reforms

necessary to progress toward NATO membership. We also commend their contribution to regional stability and cooperation.

We want all three countries to succeed and will continue to

assist them in their reform efforts. NATO will continue to

assess each country’s candidacy individually, based on the

progress made towards reform goals pursued through the Membership Action Plan, which will remain the vehicle to keep

121 STAT. 76 PUBLIC LAW 110–17—APR. 9, 2007

the readiness of each aspirant for membership under review.

We direct that NATO Foreign Ministers keep the enlargement

process, including the implementation of the Membership

Action Plan, under continual review and report to us. We

will review at the next Summit progress by aspirants towards

membership based on that report’’.

(16) Georgia and Ukraine have stated their desire to join

the Euro-Atlantic community, and in particular, are seeking

to join the North Atlantic Treaty Organization. Georgia and

Ukraine are working closely with the North Atlantic Treaty

Organization and its members to meet criteria for eventual

membership in NATO.

(17) At a press conference with President Mikhail

Saakashvili of Georgia in Washington, D.C. on July 5, 2006,

President George W. Bush stated that ‘‘. . . I believe that

NATO would benefit with Georgia being a member of NATO,

and I think Georgia would benefit. And there’s a way forward

through the Membership Action Plan . . . And I’m a believer

in the expansion of NATO. I think it’s in the world’s interest

that we expand NATO’’.

(18) Following a meeting of NATO Foreign Ministers in

New York on September 21, 2006, NATO Secretary General

Jaap de Hoop Scheffer announced the launching of an Intensified Dialogue on membership between the Alliance and Georgia.

(19) At the NATO-Ukraine Commission Summit in Brussels

in February 2005, President of Ukraine Victor Yushchenko

declared membership in NATO as the ultimate goal of Ukraine’s

cooperation with the Alliance and expressed Ukraine’s desire

to conclude a Membership Action Plan.

(20) At the NATO-Ukraine Commission Foreign Ministerial

meeting in Vilnius in April 2005, NATO and Ukraine launched

an Intensified Dialogue on the potential membership of Ukraine

in NATO.

(21) At the Riga Summit of the North Atlantic Treaty

Organization in November 2006, the Heads of State and

Government of the member countries of NATO issued a declaration reaffirming that NATO’s door remains open to new members, declaring that ‘‘all European democratic countries may

be considered for MAP (Membership Action Plan) or admission,

subject to decision by the NAC (North Atlantic Council) at

each stage, based on the performance of these countries towards

meeting the objectives of the North Atlantic Treaty. We direct

that NATO Foreign Ministers keep that process under continual

review and report to us. We welcome the efforts of Albania,

Croatia, and the former Yugoslav Republic of Macedonia to

prepare themselves for the responsibilities and obligations of

membership. We reaffirm that the Alliance will continue with

Georgia and Ukraine its Intensified Dialogues which cover the

full range of political, military, financial and security issues

relating to those countries’ aspirations to membership, without

prejudice to any eventual Alliance decision. We reaffirm the

importance of the NATO-Ukraine Distinctive Partnership,

which has its 10th anniversary next year and welcome the

progress that has been made in the framework of our Intensified

Dialogue. We appreciate Ukraine’s substantial contributions

to our common security, including through participation in

PUBLIC LAW 110–17—APR. 9, 2007 121 STAT. 77

NATO-led operations and efforts to promote regional cooperation. We encourage Ukraine to continue to contribute to regional

security. We are determined to continue to assist, through

practical cooperation, in the implementation of far-reaching

reform efforts, notably in the fields of national security, defence,

reform of the defence-industrial sector and fighting corruption.

We welcome the commencement of an Intensified Dialogue

with Georgia as well as Georgia’s contribution to international

peacekeeping and security operations. We will continue to

engage actively with Georgia in support of its reform process.

We encourage Georgia to continue progress on political, economic and military reforms, including strengthening judicial

reform, as well as the peaceful resolution of outstanding conflicts on its territory. We reaffirm that it is of great importance

that all parties in the region should engage constructively to

promote regional peace and stability.’’.

(22) 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, Congress calls for the timely admission

of Albania, Croatia, Georgia, Macedonia (FYROM), and Ukraine

to the North Atlantic Treaty Organization to promote security

and stability in Europe.

SEC. 3. DECLARATIONS OF POLICY.

Congress—

(1) reaffirms its previous expressions of support for continued enlargement of the North Atlantic Treaty Organization

contained in the NATO Participation Act of 1994, the NATO

Enlargement Facilitation Act of 1996, the European Security

Act of 1998, and the Gerald B. H. Solomon Freedom Consolidation Act of 2002;

(2) supports the commitment to further enlargement of

the North Atlantic Treaty Organization to include European

democracies that are able and willing to meet the responsibilities of Membership, as expressed by the Alliance in its Madrid

Summit Declaration of 1997, its Washington Summit

Communique ́ of 1999, its Prague Summit Declaration of 2002,

its Istanbul Summit Communique ́ of 2004, and its Riga Summit

Declaration of 2006; and

(3) endorses the vision of further enlargement of the North

Atlantic Treaty Organization articulated by President George

W. Bush on June 15, 2001, and by former President William

J. Clinton on October 22, 1996, and urges our allies in the

North Atlantic Treaty Organization to work with the United

States to realize a role for the North Atlantic Treaty Organization in promoting global security, including continued support

for enlargement to include qualified candidate states, specifically by entering into a Membership Action Plan with Georgia

and recognizing the progress toward meeting the responsibilities and obligations of NATO membership by Albania, Croatia,

Georgia, Macedonia (FYROM), and Ukraine.

SEC. 4. DESIGNATION OF ALBANIA, CROATIA, GEORGIA, MACEDONIA

(FYROM), AND UKRAINE AS ELIGIBLE TO RECEIVE ASSISTANCE UNDER THE NATO PARTICIPATION ACT OF 1994.

(a) DESIGNATION.—

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note.

22 USC 1928

note.

121 STAT. 78 PUBLIC LAW 110–17—APR. 9, 2007

(1) ALBANIA.—The Republic of Albania 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) CROATIA.—The Republic of Croatia 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.

(3) GEORGIA.—Georgia 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.

(4) MACEDONIA (FYROM).—The Republic of Macedonia

(FYROM) 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.

(5) UKRAINE.—Ukraine 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 the Republic

of Albania, the Republic of Croatia, Georgia, the Republic of Macedonia (FYROM), and Ukraine 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 (title VI of

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), and 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) 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. 5. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES

DESIGNATED UNDER THE NATO PARTICIPATION ACT OF

1994.

Of the amounts made available for fiscal year 2008 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

Appropriation

authorization.

22 USC 1928

note.

PUBLIC LAW 110–17—APR. 9, 2007 121 STAT. 79

LEGISLATIVE HISTORY—S. 494 (H.R. 987):

SENATE REPORTS: No. 110–34 (Comm. on Foreign Relations).

CONGRESSIONAL RECORD, Vol. 153 (2007):

Mar. 15, considered and passed Senate.

Mar. 26, considered and passed House.

Æ

assistance to the Republic of Albania, the Republic of Croatia,

Georgia, the Republic of Macedonia (FYROM), and Ukraine.

Approved April 9, 2007.