SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘NATO First Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Limitations on closure of United States military installations and alter-
ation of basing arrangements in European Command theater 
of operations. 
Sec. 3. Authority to build the capacity of national military forces of certain 
NATO allies and partners. 
Sec. 4. Authority to support the NATO Special Operations Coordination Cen-
ter. 
Sec. 5. Extended deterrence commitment to Europe. 
Sec. 6. Availability of funds for a long–range missile defense system in Europe. 
Sec. 7. Short-range air and missile defense capability in Poland. 
Sec. 8. Limitation on funds to reduce certain strategic forces pursuant to treaty 
or other agreement with the Russian Federation. 
Sec. 9. Expansion of United States-Russian Federation joint center to include 
exchange of data on missile defense. 
SEC. 2. LIMITATIONS ON CLOSURE OF UNITED STATES 
MILITARY INSTALLATIONS AND ALTERATION 
OF BASING ARRANGEMENTS IN EUROPEAN 
COMMAND THEATER OF OPERATIONS. 
(a) POLICY ON CURRENT FORCE STRUCTURE IN EU-
ROPE.—It is the policy of the United States that the cur-
rent deployment of units of the United States Armed 
Forces at military installations in European member na-
tions of the North Atlantic Treaty Organization is a force- 
structure arrangement and set of military capabilities to 
permit the United States— 
(1) to satisfy the commitments undertaken by 
United States pursuant to Article 5 of the North At-
VerDate Nov 24 2008 
04:28 Jun 11, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2797.IH
H2797
tjames on PRODPC75 with BILLS
lantic Treaty, signed at Washington, District of Co-
lumbia, on April 4, 1949, and entered into force on 
August 24, 1949 (63 Stat. 2241; TIAS 1964); 
(2) to address the current security environment 
in Europe, including United States participation in 
theater cooperation activities; and 
(3) to contribute to peace and stability in Eu-
rope. 
(b) CERTIFICATION REQUIRED FOR EUROPEAN BASE 
CLOSURES AND BASING CHANGES.— 
(1) CERTIFICATION.—In light of the policy ex-
pressed in subsection (a), no action may be taken to 
effect or implement the closure of any military in-
stallation in a European member nation of the 
North Atlantic Treaty Organization at which a unit 
of the United States Armed Forces is based or to 
alter the permanent basing arrangement of a unit of 
the Armed Forces at the installation unless— 
(A) the closure of the installation is re-
quested by the government of the host nation in 
the manner provided in the agreement between 
the United States and the host nation regard-
ing the installation; or 
(B) the Secretary of Defense certifies 
that— 
VerDate Nov 24 2008 
04:28 Jun 11, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2797.IH
H2797
tjames on PRODPC75 with BILLS
(i) the current number or arrange-
ment of United States military installa-
tions in European member nations of the 
North Atlantic Treaty Organization or the 
permanent basing of units at these instal-
lations is no longer the force-structure ar-
rangement and set of military capabilities 
necessary to achieve the policy objectives 
specified in paragraphs (1), (2), and (3) of 
subsection (a); and 
(ii) the closure of an installation or al-
teration of the permanent basing arrange-
ment at the installation will not impair the 
ability of the United States to achieve the 
policy objectives specified in such para-
graphs. 
(2) NOTICE
AND
WAIT
REQUIREMENT.—The 
Secretary of Defense may not commence the closure 
of a military installation or the alteration of the per-
manent basing arrangement of a unit at the installa-
tion for which the certification required by para-
graph (1)(B) is made until the expiration of a 180- 
day period beginning on the date on which the Sec-
retary submits a report containing the certification 
VerDate Nov 24 2008 
04:28 Jun 11, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2797.IH
H2797
tjames on PRODPC75 with BILLS
to the Committees on Armed Services of the Senate 
and House of Representatives. 
(3) 
REPORT
REQUIREMENTS.—The 
report 
under paragraph (2) shall also include the following: 
(A) The rationale of the Secretary of De-
fense for the certification. 
(B) The proposals of the Secretary regard-
ing closure of United States military installa-
tions in European member nations of the North 
Atlantic Treaty Organization and the alteration 
of the permanent basing arrangements of units 
at the installations so as not to impair the pol-
icy objectives specified in paragraphs (1), (2), 
and (3) of subsection (a). 
SEC. 3. AUTHORITY TO BUILD THE CAPACITY OF NATIONAL 
MILITARY FORCES OF CERTAIN NATO ALLIES 
AND PARTNERS. 
(a) AUTHORITY.—The Secretary of Defense, with the 
concurrence of the Secretary of State, is authorized to con-
duct or support programs to build the capacity of the na-
tional military forces of foreign countries described in sub-
section (b) to support the theater priorities of the Com-
mander of the United States European Command. 
(b) FOREIGN COUNTRIES DESCRIBED.—The foreign 
countries described in this subsection are— 
VerDate Nov 24 2008 
04:28 Jun 11, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2797.IH
H2797
tjames on PRODPC75 with BILLS
(1) member states of the North Atlantic Treaty 
Organization (NATO), and 
(2) countries participating in NATO’s Partner-
ship for Peace program, 
that are eligible for assistance under section 23 of the 
Arms Export Control Act (22 U.S.C. 2763; relating to the 
Foreign Military Financing program). 
(c) TYPES OF CAPACITY BUILDING.— 
(1) AUTHORIZED
ELEMENTS.—Programs au-
thorized under subsection (a) may include the provi-
sion of equipment, supplies, and training. 
(2) REQUIRED ELEMENTS.—Programs author-
ized under subsection (a) shall be provided in a 
manner that promotes observance of and respect for 
human rights and fundamental freedoms. 
(d) LIMITATIONS.— 
(1) FUNDING LIMITATION.—The Secretary of 
Defense may use up to $200,000,000 of funds made 
available to the Department of Defense for operation 
and maintenance for fiscal years 2011 and 2012 to 
conduct or support programs authorized under sub-
section (a). Subject to subsection (i), amounts au-
thorized to be used by the Secretary of Defense pur-
suant to the authority of this paragraph are author-
ized to remain available until September 30, 2015. 
VerDate Nov 24 2008 
04:28 Jun 11, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2797.IH
H2797
tjames on PRODPC75 with BILLS
(2) ASSISTANCE
OTHERWISE
PROHIBITED
BY 
LAW.—The Secretary of Defense may not use the 
authority in subsection (a) to provide any type of as-
sistance described in subsection (c) that is otherwise 
prohibited by any provision of law. 
(3) LIMITATION
ON
ELIGIBLE
COUNTRIES.— 
The Secretary of Defense may not use the authority 
in subsection (a) to provide assistance described in 
subsection (c) to any foreign country that is other-
wise prohibited from receiving such type of assist-
ance under any other provision of law. 
(e) RELATION TO OTHER AUTHORITIES.—The au-
thority in subsection (a) to provide assistance described 
in subsection (c) is in addition to the authority under sec-
tion 1206 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3456; 
relating to authority to build the capacity of foreign mili-
tary forces) and the authority under any other similar pro-
vision of law. 
(f) IMPLEMENTATION PLAN.— 
(1) SUBMISSION REQUIRED.—The Secretary of 
Defense shall submit to the congressional commit-
tees specified in subsection (h) a plan for the imple-
mentation of programs under subsection (a) and the 
allocation of funds under programs under subsection 
VerDate Nov 24 2008 
04:28 Jun 11, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2797.IH
H2797
tjames on PRODPC75 with BILLS
(a) for each of the fiscal years 2011 and 2012. Such 
plans shall be submitted in conjunction with the 
budget submitted to Congress by the President pur-
suant to section 1105(a) of title 31, United States 
Code, for each of the fiscal years 2011 and 2012. 
(2) ELEMENTS OF PLAN.—In the plan required 
by subsection (a), the Secretary of Defense shall 
identify how the programs to be conducted or sup-
ported to build the capacity of the foreign military 
forces will— 
(A) permit the United States to satisfy the 
commitments undertaken by United States pur-
suant to Article 5 of the North Atlantic Treaty, 
signed at Washington, District of Columbia, on 
April 4, 1949, and entered into force on August 
24, 1949 (63 Stat. 2241; TIAS 1964); 
(B) address the current security environ-
ment in Europe, including United States par-
ticipation in theater cooperation activities; and 
(C) contribute to peace and stability in Eu-
rope. 
(g) CONGRESSIONAL NOTIFICATION.—Not less than 
15 days before initiating activities for any foreign country 
under a program under subsection (a), the Secretary of 
VerDate Nov 24 2008 
04:28 Jun 11, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2797.IH
H2797
tjames on PRODPC75 with BILLS
Defense shall submit to the congressional committees 
specified in subsection (h) a notice of the following: 
(1) The foreign country whose capacity to en-
gage in activities described in subsection (a) will be 
built. 
(2) The budget, types of assistance, and com-
pletion date for the program. 
(3) The source and planned expenditure of 
funds for the program. 
(h) SPECIFIED CONGRESSIONAL COMMITTEES.—The 
congressional committees specified in this subsection are 
the following: 
(1) The Committee on Armed Services, the 
Committee on Foreign Affairs, and the Committee 
on Appropriations of the House of Representatives. 
(2) The Committee on Armed Services, the 
Committee on Foreign Relations, and the Committee 
on Appropriations of the Senate. 
(i) TERMINATION.—The authority provided under 
subsection (a) terminates at the close of September 30, 
2013. Any program established before that date may be 
completed after that date, but only using funds authorized 
to be used by the Secretary of Defense pursuant to the 
authority of subsection (d)(1). 
VerDate Nov 24 2008 
04:28 Jun 11, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2797.IH
H2797
tjames on PRODPC75 with BILLS
SEC. 4. AUTHORITY TO SUPPORT THE NATO SPECIAL OPER-
ATIONS COORDINATION CENTER. 
(a) AUTHORITY.—The Secretary of Defense is au-
thorized to provide assistance to the North Atlantic Treaty 
Organization (NATO) Special Operations Coordination 
Center (NSCC) to support the activities described in sub-
section (b). 
(b) ACTIVITIES SUPPORTED.—Activities that may be 
supported by assistance under subsection (a) include— 
(1) improving coordination and cooperation be-
tween the special operations forces of NATO mem-
ber states; 
(2) facilitating joint operations by such special 
operations forces; 
(3) supporting command, control, and commu-
nications capabilities of such special operations 
forces; 
(4) promoting intelligence and informational re-
quirements of such special operations forces within 
the NATO structure; 
(5) promoting interoperability of such special 
operations forces through the development of com-
mon equipment standards and tactics, techniques, 
and procedures and through execution of a multi-
national education and training program; and 
(6) constructing NSCC-related facilities. 
VerDate Nov 24 2008 
04:28 Jun 11, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2797.IH
H2797
tjames on PRODPC75 with BILLS
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall certify to the congressional committees specified in 
subsection (d) that the Department of Defense has as-
signed executive agent responsibility for the NSCC to an 
appropriate organization within the Department of De-
fense and detail the steps being undertaken by the United 
States to strengthen the role of the NSCC in fostering 
special operations capabilities within NATO. 
(d) SPECIFIED CONGRESSIONAL COMMITTEES.—The 
congressional committees specified in this subsection are 
the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the 
Senate. 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated 
to 
the 
Secretary 
of 
Defense 
$45,000,000 for fiscal year 2011 to carry out this 
section. 
(2) LIMITATION.—The total amount of funds 
that may be obligated and expended under sub-
section (b)(6) may not exceed $20,000,000. 
VerDate Nov 24 2008 
04:28 Jun 11, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2797.IH
H2797
tjames on PRODPC75 with BILLS
SEC. 5. EXTENDED DETERRENCE COMMITMENT TO EU-
ROPE. 
(a) POLICY ON EXTENDED DETERRENCE COMMIT-
MENT TO EUROPE.—It is the policy of the United States 
that— 
(1) it maintain its commitment to extended de-
terrence, specifically the nuclear alliance of the 
North Atlantic Treaty Organization, as an impor-
tant component of ensuring and linking the national 
security interests of the United States and the secu-
rity of its European allies; and 
(2) forward-deployed nuclear forces of the 
United States shall remain based in Europe in sup-
port of the nuclear policy and posture of NATO. 
(b) LIMITATION
ON
REDUCTIONS
IN
NUCLEAR 
FORCES BASED IN EUROPE.—In light of the policy ex-
pressed in subsection (a), no action may be taken to effect 
or implement the reduction of nuclear forces of the United 
States that are based in Europe unless— 
(1) the reduction in such nuclear forces is re-
quested by the government of the host nation in the 
manner provided in the agreement between the 
United States and the host nation regarding the 
forces; or 
(2) the President certifies that— 
VerDate Nov 24 2008 
04:28 Jun 11, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2797.IH
H2797
tjames on PRODPC75 with BILLS
(A) the nuclear policy and nuclear posture 
of NATO has changed, reducing the need for 
such nuclear forces to be based in Europe; 
(B) NATO member states have considered 
the reduction in the High Level Group and 
NATO has decided to support such reduction; 
(C) the remaining nuclear forces of the 
United States that are based in Europe after 
such reduction provide a commensurate or bet-
ter level of safety, security, reliability, and 
credibility as before such reduction; and 
(D) such reduction is compensated by 
other measures (such as nuclear modernization, 
conventional forces, and missile defense) which 
together provide a commensurate or better de-
terrence capability and assurance of NATO 
member states in a manner consistent with the 
NATO Strategic Concept. 
(c) REPORT.—Upon any decision to reduce the nu-
clear forces of the United States that are based in Europe, 
the President shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a re-
port containing— 
(1) the certification required by subsection 
(b)(2); 
VerDate Nov 24 2008 
04:28 Jun 11, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2797.IH
H2797
tjames on PRODPC75 with BILLS
(2) justification for such reduction; and 
(3) an assessment of how NATO member 
states, in light of such reduction, assess the credi-
bility of the deterrence capability of the United 
States in support of its commitments undertaken 
pursuant to Article 5 of the North Atlantic Treaty, 
signed at Washington, District of Columbia, on April 
4, 1949, and entered into force on August 24, 1949 
(63 Stat. 2241; TIAS 1964). 
(d) NOTICE AND WAIT REQUIREMENT.—The Presi-
dent may not commence a reduction in the nuclear forces 
of the United States that are based in Europe for which 
the certification required by subsection (b)(2) is made 
until the expiration of a 180-day period beginning on the 
date on which the President submits the report under sub-
section (c) containing the certification. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Defense 
a total of $50,000,000 for fiscal years 2011 and 2012 for 
upgrading the safety, security, and reliability of the nu-
clear forces of the United States that are based in Europe. 
SEC. 6. AVAILABILITY OF FUNDS FOR A LONG–RANGE MIS-
SILE DEFENSE SYSTEM IN EUROPE. 
(a) FINDINGS.—Congress finds the following: 
VerDate Nov 24 2008 
04:28 Jun 11, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2797.IH
H2797
tjames on PRODPC75 with BILLS
(1) Missile defense promotes the collective secu-
rity of the United States and NATO and improves 
linkages among member nations of NATO by de-
fending all members of NATO against the full range 
of missile threats. 
(2) The proposed European locations of the 
long-range missile defense system allow for the de-
fense of both Europe and the United States against 
long-range threats launched from the Middle East. 
(b) RESERVATION OF FUNDS.—Of the funds appro-
priated pursuant to an authorization of appropriations 
made available for fiscal years 2011 and 2012 for the Mis-
sile Defense Agency, $500,000,000 shall be available only 
for a long-range missile defense system in Europe as de-
scribed in paragraph (1) or (2) of subsection (c). 
(c) USE OF FUNDS.—Funds reserved under sub-
section (b) may be obligated and expended by the Sec-
retary of Defense— 
(1) on the research, development, test, and eval-
uation, procurement, site activation, construction, 
preparation of, equipment for, or deployment of— 
(A) the proposed midcourse radar element 
of the ground-based midcourse defense system 
in the Czech Republic; and 
VerDate Nov 24 2008 
04:28 Jun 11, 2009
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2797.IH
H2797
tjames on PRODPC75 with BILLS
(B) the proposed long-range missile de-
fense interceptor site element of such defense 
system in Poland; or 
(2) on the research, development, test, and eval-
uation, procurement, site activation, construction, 
preparation of, equipment for, or deployment of an 
alternative missile defense system (such as the Aegis 
ballistic missile defense system), if the Secretary 
submits to the congressional defense committees a 
report certifying that the alternative missile defense 
system is expected to be— 
(A) at least as cost-effective, technically re-
liable, and operationally available in protecting 
Europe and the United States from long-range 
missile threats as the ground-based midcourse 
defense system; 
(B) deployable in a sufficient amount of 
time based on the amount of time the intel-
ligence community determines that ballistic mis-
siles launched from the Middle East could reach 
Europe and the United States; and 
(C) interoperable with other components of 
missile defense and compliments NATO’s mis-
sile defense strategy. 
VerDate Nov 24 2008 
04:28 Jun 11, 2009
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2797.IH
H2797
tjames on PRODPC75 with BILLS
(d) CONGRESSIONAL DEFENSE COMMITTEES DE-
FINED.—For purposes of this section, the term ‘‘congres-
sional defense committees’’ has the meaning given that 
term in section 101(a)(16) of title 10, United States Code. 
SEC. 7. SHORT-RANGE AIR AND MISSILE DEFENSE CAPA-
BILITY IN POLAND. 
(a) IN GENERAL.—Not later than 2012, and pursu-
ant to an agreement between the United States and the 
Government of Poland, the Secretary of Defense shall de-
ploy a system providing a short-range air and missile de-
fense capability and the personnel required to operate and 
maintain such system to Poland. 
(b) PROHIBITION ON REMOVAL.—No action may be 
taken to effect or implement the removal of the system 
providing a short-range air and missile defense capability 
or the personnel required to operate and maintain such 
system under subsection (a) unless— 
(1) at least 30 days before the removal, the 
Secretary of Defense notifies Congress that such re-
moval is temporary and in the national security in-
terests of the United States; or 
(2) the removal is requested by the Government 
of Poland in the manner provided in the agreement 
between the United States and the Government of 
Poland regarding the system and personnel. 
VerDate Nov 24 2008 
04:28 Jun 11, 2009
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2797.IH
H2797
tjames on PRODPC75 with BILLS
SEC. 8. LIMITATION ON FUNDS TO REDUCE CERTAIN STRA-
TEGIC FORCES PURSUANT TO TREATY OR 
OTHER AGREEMENT WITH THE RUSSIAN FED-
ERATION. 
(a) LIMITATION.—Funds made available to the De-
partment of Defense may be used to implement reductions 
in the strategic nuclear forces of the United States pursu-
ant to any treaty or other agreement entered into between 
the United States and the Russian Federation after the 
date of enactment of this Act only if the President certifies 
to Congress that— 
(1) the treaty or other agreement provides for 
significant reductions in the non-strategic nuclear 
weapons capability of the Russian Federation; 
(2) the treaty or other agreement provides for 
sufficient mechanisms to verify compliance with the 
treaty or agreement, including the commitments de-
scribed in paragraph (1); 
(3) the treaty or other agreement does not 
place reductions or limitations on the ballistic missile 
defense, space, or advanced conventional weapon ca-
pabilities of the United States; and 
(4) a program is established and sufficiently 
funded to— 
VerDate Nov 24 2008 
04:28 Jun 11, 2009
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2797.IH
H2797
tjames on PRODPC75 with BILLS