II 

111TH CONGRESS 

1ST SESSION S. 1559 

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. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 3, 2009 

Mr. KERRY (for himself and Mr. LUGAR) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘NATO-Western Bal5 kans Support Act of 2009’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The commitment of the North Atlantic 

4 Treaty Organization (NATO) to mutual defense and 

5 the territorial integrity of its members has advanced 

6 the democratic transformation of Central and East7 ern Europe and significantly enhanced the security 

8 of Europe. Nowhere in Europe has the search for 

9 sustainable peace been more challenging than in the 

10 Western Balkans. NATO has the ability to encour11 age the countries of the Western Balkans to em12 brace collective security, consolidate their democratic 

13 gains, and extend their commitment to integration in 

14 Euro-Atlantic institutions. 

15 (2) NATO membership offers the ultimate pro16 tection against perceived external threats and has 

17 demonstrated its role in lowering regional tensions. 

18 Croatia’s successful accession to NATO has encour19 aged other states of the Western Balkans to con20 sider the possibility of their own membership more 

21 seriously. Bosnia and Herzegovina and Montenegro 

22 are already seriously engaged in the process of meet23 ing NATO membership criteria as active members of 

24 the Partnership for Peace and Intensified Dialogue 

25 with NATO. 


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1 (3) In Western Balkan states like Bosnia and 

2 Herzegovina and Montenegro, the process of NATO 

3 accession can provide focus for ongoing efforts to 

4 improve the functionality and efficiency of the armed 

5 forces and the state more broadly. In Bosnia and 

6 Herzegovina, many reforms necessary to improve the 

7 functionality of the state, such as resolution of the 

8 defense-related property issue, are also necessary for 

9 NATO membership. 

10 (4) The success of Serbia is central to the suc11 cess of the Western Balkans. The United States 

12 Government welcomes the decision of the democrat13 ically elected Government of Serbia to join the Part14 nership for Peace Program in 2006 and encourages 

15 as strong a relationship as is possible between 

16 NATO and the Government and people of Serbia. As 

17 Vice President Joseph Biden said in Belgrade on 

18 May 20, 2009, ‘‘The United States strongly sup19 ports Serbian membership in the European Union 

20 and expanding security cooperation between Serbia, 

21 the United States, and our allies. We will use our in22 fluence, our energy, and our resources to promote 

23 Serbia’s Euro-Atlantic aspirations.’’. 

24 (5) In the NATO Participation Act of 1994 

25 (title II of Public Law 103–447; 22 U.S.C. 1928 


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1 note), Congress declared that ‘‘full and active par2 ticipants in the Partnership for Peace in a position 

3 to further the principles of the North Atlantic Trea4 ty and to contribute to the security of the North At5 lantic area should be invited to become full NATO 

6 members in accordance with Article 10 of such 

7 Treaty at an early date’’. 

8 (6) Under the NATO Enlargement Facilitation 

9 Act of 1996 (as enacted into law by section 101(c) 

10 of title I of division A of Public Law 104–208; 22 

11 U.S.C. 1928 note), Congress called for the prompt 

12 admission of Poland, Hungary, the Czech Republic, 

13 and Slovenia to NATO, and declared that ‘‘in order 

14 to promote economic stability and security in Slo15 vakia, Estonia, Latvia, Lithuania, Romania, Bul16 garia, Albania, Moldova, and Ukraine . . . the proc17 ess of enlarging NATO to include emerging democ18 racies in Central and Eastern Europe should not be 

19 limited to consideration of admitting Poland, Hun20 gary, the Czech Republic, and Slovenia as full mem21 bers of the NATO Alliance’’. 

22 (7) In the European Security Act of 1998 (title 

23 XXVII of division G of Public Law 105–277; 22 

24 U.S.C. 1928 note), Congress declared that ‘‘Poland, 

25 Hungary, and the Czech Republic should not be the 


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1 last emerging democracies in Central and Eastern 

2 Europe invited to join NATO’’. 

3 (8) In the Gerald B. H. Solomon Freedom Con4 solidation Act of 2002 (Public Law 107–187; 22 

5 U.S.C. 1928 note), Congress endorsed ‘‘. . . the vi6 sion of further enlargement of the NATO Alliance 

7 articulated by President George W. Bush on June 

8 15, 2001, and by former President William J. Clin9 ton on October 22, 1996.’’. 

10 (9) At the Madrid Summit of the North Atlan11 tic Treaty Organization in July 1997, Poland, Hun12 gary, and the Czech Republic were invited to join 

13 NATO, and the North Atlantic Treaty Organization 

14 heads of state and government issued a declaration 

15 stating, ‘‘The alliance expects to extend further invi16 tations in coming years to nations willing and able 

17 to assume the responsibilities and obligations of 

18 membership . . . No European democratic country 

19 whose admission would fulfill the objectives of the 

20 [North Atlantic] Treaty will be excluded from con21 sideration’’. 

22 (10) At the Washington, DC, Summit of the 

23 North Atlantic Treaty Organization in April 1999, 

24 the North Atlantic Treaty Organization heads of 

25 state and government issued a communique declarVerDate Nov 24 2008 00:13 Aug 05, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1559.IS S1559

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1 ing, ‘‘We pledge that NATO will continue to wel2 come new members in a position to further the prin3 ciples of the [North Atlantic] Treaty and contribute 

4 to peace and security in the Euro-Atlantic area . . . 

5 The three new members will not be the last . . . No 

6 European democratic country whose admission 

7 would fulfill the objectives of the Treaty will be ex8 cluded from consideration, regardless of its geo9 graphic location’’. 

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

11 Poland, President George W. Bush stated, ‘‘All of 

12 Europe’s new democracies, from the Baltic to the 

13 Black Sea and all that lie between, should have the 

14 same chance for security and freedom—and the 

15 same chance to join the institutions of Europe—as 

16 Europe’s old democracies have . . . I believe in 

17 NATO membership for all of Europe’s democracies 

18 that seek it and are ready to share the responsibil19 ities that NATO brings . . .’’. 

20 (12) On October 22, 1996, in a speech in De21 troit, Michigan, former President William J. Clinton 

22 stated, ‘‘NATO’s doors will not close behind its first 

23 new members . . . NATO should remain open to all 

24 of Europe’s emerging democracies who are ready to 

25 shoulder the responsibilities of membership . . . No 


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1 nation will be automatically excluded . . . No coun2 try outside NATO will have a veto . . . A gray zone 

3 of insecurity must not reemerge in Europe.’’. 

4 (13) At the Prague Summit of the North Atlan5 tic Treaty Organization in November 2002, Bul6 garia, Estonia, Latvia, Lithuania, Romania, Slo7 vakia, and Slovenia were invited to join NATO in 

8 the second round of enlargement of the North Atlan9 tic Treaty Organization since the end of the Cold 

10 War, and the North Atlantic Treaty Organization 

11 heads of state and government issued a declaration 

12 stating, ‘‘NATO’s door will remain open to Euro13 pean democracies willing and able to assume the re14 sponsibilities and obligations of membership, in ac15 cordance with Article 10 of the Washington Trea16 ty.’’. 

17 (14) At the Istanbul Summit of the North At18 lantic Treaty Organization in June 2004, the North 

19 Atlantic Treaty Organization heads of state and gov20 ernment issued a communique reaffirming that 

21 NATO’s door remains open to new members, declar22 ing, ‘‘We celebrate the success of NATO’s Open 

23 Door Policy, and reaffirm today that our seven new 

24 members will not be the last. The door to member25 ship remains open.’’. 


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1 (15) At the Riga Summit of the NATO Alliance 

2 November 2006, NATO heads of state and govern3 ment affirmed in their declaration that ‘‘Bosnia and 

4 Herzegovina, Montenegro and Serbia can offer valu5 able contributions to regional stability and security’’ 

6 and that NATO should ‘‘encourage further positive 

7 developments in the region on its path towards 

8 Euro-Atlantic integration’’. It was at Riga that Bos9 nia and Herzegovina, Montenegro, and Serbia were 

10 offered membership in the Partnership for Peace 

11 and Euro-Atlantic Partnership Council. 

12 (16) At the Bucharest Summit of the NATO 

13 Alliance in April 2008, the NATO heads of state 

14 and government issued a declaration stating that in 

15 the Balkans, ‘‘Euro-Atlantic integration, based on 

16 democratic values and regional cooperation, remains 

17 necessary for lasting peace and stability.’’ The Dec18 laration also noted that ‘‘we have decided to invite 

19 Bosnia and Herzegovina and Montenegro to begin 

20 an Intensified Dialogue on the full range of political, 

21 military, financial, and security issues relating to 

22 their aspirations to membership’’. 

23 (17) At the Strasbourg/Kehl NATO Summit, 

24 the heads of state and government participating in 

25 the meeting of the North Atlantic Council on April 


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1 4, 2009, reiterated that ‘‘[i]n accordance with Arti2 cle 10 of the Washington Treaty, NATO’s door will 

3 remain open to all European democracies which 

4 share the values of our Alliance, which are willing 

5 and able to assume the responsibilities and obliga6 tions of membership, and whose inclusion can con7 tribute to common security and stability’’. 

8 (18) The Summit Declaration also acknowl9 edged the progress of the Government of Bosnia and 

10 Herzegovina on ‘‘cooperation with NATO, including 

11 through implementation of its current IPAP, and 

12 the country’s expressed intention to apply for MAP 

13 at an appropriate time.’’ The declaration also urged 

14 ‘‘Bosnia and Herzegovina’s political leaders to take 

15 further genuine steps to strengthen state-level insti16 tutions and reinvigorate the reform process to ad17 vance the country’s Euro-Atlantic aspirations.’’. 

18 (19) With respect to Montenegro, the NATO 

19 heads of state and government declared at the 2009 

20 Strasbourg/Kehl NATO Summit, ‘‘We welcome 

21 Montenegro’s successful and active implementation 

22 of its current Individual Partnership Action Plan 

23 (IPAP) with NATO. We are encouraged by the re24 forms it has made in a number of areas that are es25 sential to its Euro-Atlantic integration and also by 


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1 its contributions to cooperation and security in the 

2 region. We are looking forward to Montenegro’s fur3 ther determined efforts in this regard. The Council 

4 in permanent session is keeping Montenegro’s 

5 progress under active review and will respond early 

6 to its request to participate in the Membership Ac7 tion Plan (MAP), on its own merits.’’. 

8 (20) Bosnia and Herzegovina and Montenegro 

9 deserve recognition for their cooperation with the 

10 International Criminal Tribunal for the former 

11 Yugoslavia (ICTY). Although Serbia has not yet 

12 completely fulfilled its ICTY obligations, the contin13 ued support of the Government of Serbia for the 

14 process until its conclusion is the best way to ensure 

15 the peace and to prepare the way to full participa16 tion of Serbia in European institutions. 

17 SEC. 3. DECLARATIONS OF POLICY. 

18 Congress— 

19 (1) supports the commitment to further en20 largement of the North Atlantic Treaty Organization 

21 to include Bosnia and Herzegovina and Montenegro, 

22 as European democracies, that are able and willing 

23 to meet the responsibilities of membership, as ex24 pressed by NATO in its Madrid Summit Declaration 

25 of 1997, its Washington, DC, Summit Communique 


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1 of 1999, its Prague Summit Declaration of 2002, its 

2 Istanbul Summit Communique of 2004, its Riga 

3 Summit Declaration of 2006, its Bucharest Summit 

4 Declaration of 2008, and its Strasbourg/Kehl Dec5 laration of 2009; 

6 (2) encourages United States allies in the 

7 North Atlantic Treaty Organization to utilize the op8 portunity of the ongoing Strategic Concept review to 

9 reinvigorate and transform NATO’s approach to its 

10 commitment to the peace, stability, and democratic 

11 success of the Western Balkans; 

12 (3) endorses cooperation with representatives of 

13 the Government of Bosnia and Herzegovina to deter14 mine a realistic timetable and plan, constructed in 

15 conjunction with other NATO allies, for Bosnia and 

16 Herzegovina to meet the criteria for NATO member17 ship, with the goal of improving the functionality of 

18 the Government of Bosnia and Herzegovina through 

19 the achievement of the commonly accepted political, 

20 military, economic, and social standards; 

21 (4) declares that United States support for 

22 Bosnia and Herzegovina’s membership should be 

23 contingent upon thorough achievement of these ex24 acting requirements, and that NATO membership 

25 criteria must not be compromised; 


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1 (5) calls for the timely admission of Bosnia and 

2 Herzegovina and Montenegro contingent upon their 

3 continued implementation of democratic, defense, 

4 and economic reform, and their willingness and abil5 ity to meet the responsibilities of membership in the 

6 North Atlantic Treaty Organization and a clear ex7 pression of national intent to do so; and 

8 (6) reaffirms the need for engagement with the 

9 democratically elected government of Serbia and 

10 amelioration of past bilateral tensions with greater 

11 interaction between the people of the United States 

12 and Serbia, including support by the United States 

13 Government for the process of including Serbia in 

14 trans-Atlantic institutions as the Government of Ser15 bia fulfills the necessary criteria. 

16 SEC. 4. SENSE OF CONGRESS. 

17 It is the sense of Congress that— 

18 (1) the existing position of political advisor 

19 within the NATO Mission in Sarajevo should be 

20 filled by an ambassadorial-level United States dip21 lomat as ‘‘senior civilian representative’’ to the 

22 NATO Mission in Sarajevo; 

23 (2) this senior civilian representative should 

24 have primary responsibility for defense and security 


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1 sector reform and NATO/Partnership for Peace inte2 gration; 

3 (3) the position requires coordination with 

4 international organizations and national authorities 

5 in Bosnia and Herzegovina; 

6 (4) it is important that this effort have civilian 

7 leadership and the senior civilian representative 

8 should work in conjunction with the senior military 

9 representative and lead the political-military staff; 

10 (5) the substantial credibility in Bosnia and 

11 Herzegovina enjoyed by the United States should be 

12 harnessed to facilitate the fulfillment by the Govern13 ment of Bosnia and Herzogovina of NATO member14 ship criteria; and 

15 (6) the Secretary of State should provide a reg16 ular briefing, not less than annually, to the Com17 mittee on Foreign Relations of the Senate on the 

18 progress of the efforts required under this Act. 

19 SEC. 5. DESIGNATION OF BOSNIA AND HERZEGOVINA AND 

20 MONTENEGRO AS ELIGIBLE TO RECEIVE AS21 SISTANCE UNDER THE NATO PARTICIPATION 

22 ACT OF 1994. 

23 (a) DESIGNATION.— 

24 (1) BOSNIA AND HERZEGOVINA.—Bosnia and 

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1 sistance under the program established under sec2 tion 203(a) of the NATO Participation Act of 1994 

3 (title II of Public Law 103–447; 22 U.S.C. 1928 

4 note), and shall be deemed to have been so des5 ignated pursuant to section 203(d)(1) of such Act. 

6 (2) MONTENEGRO.—Montenegro is designated 

7 as eligible to receive assistance under the program 

8 established under section 203(a) of the NATO Par9 ticipation Act of 1994, and shall be deemed to have 

10 been so designated pursuant to section 203(d)(1) of 

11 such Act. 

12 (b) RULE OF CONSTRUCTION.—The designation of 

13 Bosnia and Herzegovina and Montenegro pursuant to sub14 section (a) as eligible to receive assistance under the pro15 gram established under section 203(a) of the NATO Par16 ticipation Act of 1994— 

17 (1) is in addition to the designation of Poland, 

18 Hungary, the Czech Republic, and Slovenia pursu19 ant to section 606 of the NATO Enlargement Facili20 tation Act of 1996 (as enacted into law by section 

21 101(c) of title I of division A of Public Law 104– 

22 208; 22 U.S.C. 1928 note), the designation of Ro23 mania, Estonia, Latvia, Lithuania, and Bulgaria 

24 pursuant to section 2703(b) of the European Secu25 rity Act of 1998 (title XXVII of division G of Public 


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1 Law 105–277; 22 U.S.C. 1928 note), the designa2 tion of Slovakia pursuant to section 4(a) of the Ger3 ald B. H. Solomon Freedom Consolidation Act of 

4 2002 (Public Law 107–187; 22 U.S.C. 1928 note), 

5 and the designation of the Republic of Albania, the 

6 Republic of Croatia, Georgia, the Republic of Mac7 edonia (FYROM), and Ukraine pursuant to section 

8 4(a) of the NATO Freedom Consolidation Act of 

9 2007 (Public Law 110–17; 22 U.S.C. 1928 note) as 

10 eligible to receive assistance under the program es11 tablished under section 203(a) of the NATO Partici12 pation Act of 1994; and 

13 (2) shall not preclude the designation by the 

14 president of other countries pursuant to section 

15 203(d)(2) of the NATO Participation Act of 1994 as 

16 eligible to receive assistance under the program es17 tablished under section 203(a) of such Act. 

18 SEC. 6. AUTHORIZATION OF SECURITY ASSISTANCE FOR 

19 COUNTRIES DESIGNATED UNDER THE NATO 

20 PARTICIPATION ACT OF 1994. 

21 Of the amounts made available for fiscal year 2010 

22 under section 23 of the Arms Export Control Act (22 

23 U.S.C. 2763), such sums as may be necessary are authorVerDate Nov 24 2008 00:13 Aug 05, 2009 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1559.IS S1559

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1 ized to be appropriated for assistance to Bosnia and 

2 Herzegovina and Montenegro. 

Æ 


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