(a) Authorization for expensesIn order to provide for United States participation in the North Atlantic Treaty Organization, there is authorized to be appropriated such amounts as may be necessary from time to time for the payment by the United States of its share of the expenses of the Organization and all necessary salaries and expenses of the United States permanent representative to the Organization, of such persons as may be appointed to represent the United States in the subsidiary bodies of the Organization or in any multilateral organization which participates in achieving the aims of the North Atlantic Treaty, and of their appropriate staffs, and the expenses of participation in meetings of such organizations, including salaries, expenses, and allowances of personnel and dependents as authorized by the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.], and allowances and expenses as provided in section 287r of this title.
(b) Appointment of personal representativeThe United States permanent representative to the North Atlantic Treaty Organization shall be appointed by the President by and with the advice and consent of the Senate and shall hold office at the pleasure of the President. Such representative shall have the rank and status of ambassador extraordinary and plenipotentiary and shall be a chief of mission under the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.].
(c) Duration of staff servicePersons detailed to the international staff of the North Atlantic Treaty Organization in accordance with section 2388 of this title who are members of the Foreign Service serving under limited appointments may serve for periods of more than five years notwithstanding the limitation in section 309 of the Foreign Service Act of 1980 [22 U.S.C. 3949].
(Aug. 26, 1954, ch. 937, title IV, § 408, 68 Stat. 845; Pub. L. 85–141, § 8(h), Aug. 14, 1957, 71 Stat. 361; Pub. L. 86–108, ch. II, § 205(h), July 24, 1959, 73 Stat. 250; Pub. L. 96–465, title II, § 2206(a)(6), Oct. 17, 1980, 94 Stat. 2161.)
Editorial Notes
References in TextThe Foreign Service Act of 1980, referred to in subsecs. (a) and (b), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§ 3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.
Amendments1980—Subsec. (a). Pub. L. 96–465, § 2206(a)(6)(A), substituted “Foreign Service Act of 1980” for “Foreign Service Act of 1946, as amended (22 U.S.C. 801),”.
Subsec. (b). Pub. L. 96–465, § 2206(a)(6)(B), substituted “chief of mission under the Foreign Service Act of 1980” for “chief of mission, class 1, within the meaning of the Foreign Service Act of 1946, as amended (22 U.S.C. 801)”.
Subsec. (c). Pub. L. 96–465, § 2206(a)(6)(C), among other changes, substituted references to sections 2388 and 3949 of this title for references to sections 1789 and 922 of this title, respectively, and reference to members of the Foreign Service for reference to Foreign Service Reserve officers.
1959—Subsec. (c). Pub. L. 86–108 substituted “five years” for “four years”.
1957—Subsec. (a). Pub. L. 85–141 struck out provisions authorizing appropriations of not more than $3,200,000 for the fiscal year 1955.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
Annual AppropriationsAnnual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title.
Annual Report Regarding NATO Special Operations HeadquartersPub. L. 111–84, div. A, title XII, § 1244(d), as added by Pub. L. 112–239, div. A, title XII, § 1272(b), Jan. 2, 2013, 126 Stat. 2023, which mandated an annual report, with specified details, to Congress regarding support for NATO Special Operations Headquarters, was repealed by Pub. L. 115–232, div. A, title VIII, § 813(d), Aug. 13, 2018, 132 Stat. 1851.
Report on Host Countries Assuming Greater Share of Common Defense BurdenPub. L. 111–117, div. E, title I, § 118, Dec. 16, 2009, 123 Stat. 3293, provided that:
“(a) The Secretary of Defense, in consultation with the Secretary of State, shall submit to the Committees on Appropriations of both Houses of Congress, by February 15 of each year, an annual report in unclassified and, if necessary, classified form, on actions taken by the Department of Defense and the Department of State during the previous fiscal year to encourage host countries to assume a greater share of the common defense burden of such countries and the United States.
“(b) The report under subsection (a) shall include a description of—“(1) attempts to secure cash and in-kind contributions from host countries for military construction projects;
“(2) attempts to achieve economic incentives offered by host countries to encourage private investment for the benefit of the United States Armed Forces;
“(3) attempts to recover funds due to be paid to the United States by host countries for assets deeded or otherwise imparted to host countries upon the cessation of United States operations at military installations;
“(4) the amount spent by host countries on defense, in dollars and in terms of the percent of gross domestic product (GDP) of the host country; and
“(5) for host countries that are members of the North Atlantic Treaty Organization (NATO), the amount contributed to NATO by host countries, in dollars and in terms of the percent of the total NATO budget.
“(c) In this section, the term ‘host country’ means other member countries of NATO, Japan, South Korea, and United States allies bordering the Arabian Sea.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 110–329, div. E, title I, § 118, Sept. 30, 2008, 122 Stat. 3698.
Pub. L. 110–161, div. I, title I, § 118, Dec. 26, 2007, 121 Stat. 2259.
NATO Freedom ConsolidationPub. L. 110–17, Apr. 9, 2007, 121 Stat. 73, provided that:
Annual Report on the NATO Prague Capabilities Commitment and the NATO Response ForcePub. L. 108–136, div. A, title XII, § 1231, Nov. 24, 2003, 117 Stat. 1654, provided that:
“(a) Findings.—Congress makes the following findings:“(1) At the meeting of the North Atlantic Council held in Prague in November 2002, the heads of states and governments of the North Atlantic Treaty Organization (NATO) launched a Prague Capabilities Commitment and decided to create a NATO Response Force.
“(2) The Prague Capabilities Commitment is part of the continuing NATO effort to improve and develop new military capabilities for modern warfare in a high-threat environment. As part of this commitment, individual NATO allies have made firm and specific political commitments to improve their capabilities in the areas of—“(A) chemical, biological, radiological, and nuclear defense;
“(B) intelligence, surveillance, and target acquisition;
“(C) air-to-ground surveillance;
“(D) command, control, and communications;
“(E) combat effectiveness, including precision guided munitions and suppression of enemy air defenses;
“(F) strategic air and sea lift;
“(G) air-to-air refueling; and
“(H) deployable combat support and combat service support units.
“(3) The NATO Response Force is envisioned to be a technologically advanced, flexible, deployable, interoperable, and sustainable force that includes land, sea, and air elements ready to move quickly to wherever needed, as determined by the North Atlantic Council. The NATO Response Force is also intended to be a catalyst for focusing and promoting improvements in NATO’s military capabilities. It is expected to have initial operational capability by October 2004, and full operational capability by October 2006.
“(b) Annual Report.—(1) Not later than January 31 of each year through 2008, the Secretary of Defense shall submit to the congressional committees specified in paragraph (5) a report, to be prepared in consultation with the Secretary of State, on implementation of the Prague Capabilities Commitment and development of the NATO Response Force by the member nations of the North Atlantic Treaty Organization (NATO).
“(2) The annual report under this subsection shall include the following matters:“(A) A description of the actions taken by NATO as a whole and by each member nation of NATO other than the United States to further the Prague Capabilities Commitment, including any actions taken to improve capability shortfalls in the areas identified for improvement.
“(B) A description of the actions taken by NATO as a whole and by each member nation of NATO, including the United States, to create the NATO Response Force.
“(C) A discussion of the relationship between NATO’s efforts to improve capabilities through the Prague Capabilities Commitment and those of the European Union to enhance European capabilities through the European Capabilities Action Plan, including the extent to which they are mutually reinforcing.
“(D) A discussion of NATO decisionmaking on the implementation of the Prague Capabilities Commitment and the development of the NATO Response Force, including—“(i) an assessment of whether the Prague Capabilities Commitment and the NATO Response Force are the sole jurisdiction of the Defense Planning Committee, the North Atlantic Council, or the Military Committee;
“(ii) a description of the circumstances which led to the defense, military, security, and nuclear decisions of NATO on matters such as the Prague Capabilities Commitment and the NATO Response Force being made in bodies other than the Defense Planning Committee;
“(iii) a description of the extent to which any member that does not participate in the integrated military structure of NATO contributes to each of the component committees of NATO, including any and all committees relevant to the Prague Capabilities Commitment and the NATO Response Force;
“(iv) a description of the extent to which any member that does not participate in the integrated military structure of NATO participates in deliberations and decisions of NATO on resource policy, contribution ceilings, infrastructure, force structure, modernization, threat assessments, training, exercises, deployments, and other issues related to the Prague Capabilities Commitment or the NATO Response Force;
“(v) a description and assessment of the impediments, if any, that would preclude or limit NATO from conducting deliberations and making decisions on matters such as the Prague Capabilities Commitment or the NATO Response Force solely in the Defense Planning Committee; and
“(vi) the recommendations of the Secretary of Defense on streamlining defense, military, and security decisionmaking within NATO relating to the Prague Capabilities Commitment, the NATO Response Force, and other matters, including an assessment of the feasibility and advisability of the greater utilization of the Defense Planning Committee for such purposes.
“(3) In the case of a report under this subsection after the first such report, the information submitted in such report under any of clauses (i) through (vi) of subparagraph (D) of paragraph (2) may consist solely of an update of any information previously submitted under that clause in a preceding report under this subsection.
“(4) Each report under this subsection shall be submitted in unclassified form, but may also be submitted in classified form if necessary.
“(5) The committees specified in this paragraph are—“(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
“(B) the Committee on Armed Services and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives.”
Sense of Congress on Cooperation by United States and NATO With Russia on Ballistic Missile DefensesPub. L. 108–136, div. C, title XXXVI, § 3623, Nov. 24, 2003, 117 Stat. 1824, provided that:
“(a) Sense of Congress.—It is the sense of Congress that the President should, in conjunction with the North Atlantic Treaty Organization, encourage appropriate cooperative relationships between the Russian Federation and the United States and North Atlantic Treaty Organization with respect to the development and deployment of ballistic missile defenses.
“(b) Report to Congress.—Not later than one year after the date of the enactment of this Act [Nov. 24, 2003], the Secretary of Defense shall transmit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report (in unclassified or classified form as necessary) on the feasibility of increasing cooperation between the Russian Federation and the United States and the North Atlantic Treaty Organization on the subject of ballistic missile defense. The report shall include—“(1) the recommendations of the Secretary;
“(2) a description of the threat such cooperation is intended to address; and
“(3) an assessment of possible benefits to ballistic missile defense programs of the United States.”
Gerald B. H. Solomon Freedom Consolidation ActPub. L. 107–187, June 10, 2002, 116 Stat. 590, provided that:
Reports on Burdensharing of Future NATO OperationsPub. L. 106–398, § 1 [[div. A], title XII, § 1221(b)–(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–328, provided that:
“(b) Report on Burdensharing of Future NATO Operations.—Whenever the North Atlantic Treaty Organization undertakes a military operation, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report describing—“(1) the contributions to that operation made by each of the member nations of the North Atlantic Treaty Organization during that operation; and
“(2) the contributions that each of the member nations of the North Atlantic Treaty Organization are making or have pledged to make during any follow-on operation.
“(c) Time for Submission of Report.—A report under subsection (b) shall be submitted not later than 90 days after the completion of the military operation.
“(d) Applicability.—Subsection (b) shall apply only with respect to military operations begun after the date of the enactment of this Act [Oct. 30, 2000].”
European SecurityPub. L. 105–277, div. G, subdiv. B, title XXVII, Oct. 21, 1998, 112 Stat. 2681–839, as amended by Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 209(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A–423, provided that:
[Memorandum of President of the United States, Mar. 3, 2000, 66 F.R. 3851, delegated to the Secretary of Defense the duties and responsibilities of the President under section 2705(d) of div. G of Pub. L. 105–277, set out above, with such duties and responsibilities to be exercised subject to the concurrence of the Secretary of State, authorized redelegation not lower than the Under Secretary level of the delegated reporting requirements, and provided that the Department of Defense was to obtain clearance on the report from the Office of Management and Budget prior to its submission to Congress.]
Limitation on United States Share of Costs of NATO ExpansionPub. L. 105–261, div. A, title XII, § 1221, Oct. 17, 1998, 112 Stat. 2152, provided that:
“(a) Limitation.—The United States share of defined NATO expansion costs may not exceed the lesser of—“(1) the amount equal to 25 percent of those costs; or
“(2) $2,000,000,000.
“(b) Defined NATO Expansion Costs.—For purposes of subsection (a), the term ‘defined NATO expansion costs’ means the commonly funded costs of the North Atlantic Treaty Organization (NATO) during fiscal years 1999 through 2011 for enlargement of NATO due to the admission to NATO of Poland, Hungary, and the Czech Republic.”
Reports on Development of European Security and Defense IdentityPub. L. 105–261, div. A, title XII, § 1223, Oct. 17, 1998, 112 Stat. 2154, as amended by Pub. L. 106–65, div. A, title X, § 1067(3), Oct. 5, 1999, 113 Stat. 774, required the submission of reports by the Secretary of Defense on the development of the European Security and Defense Identity within the NATO Alliance, prior to repeal by Pub. L. 108–136, div. A, title X, § 1031(g)(2), Nov. 24, 2003, 117 Stat. 1604.
NATO Enlargement FacilitationPub. L. 104–208, div. A, title I, § 101(c) [title VI], Sept. 30, 1996, 110 Stat. 3009–121, 3009–173, provided that:
Defense BurdensharingPub. L. 105–85, div. A, title XII, § 1221, Nov. 18, 1997, 111 Stat. 1935, as amended by Pub. L. 105–261, div. A, title XII, § 1233, Oct. 17, 1998, 112 Stat. 2156; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(e)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–293, provided that:
“(a) Efforts To Increase Allied Burdensharing.—The President shall seek to have each nation that has cooperative military relations with the United States (including security agreements, basing arrangements, or mutual participation in multinational military organizations or operations) take one or more of the following actions:“(1) For any nation in which United States military personnel are assigned to permanent duty ashore, increase its financial contributions to the payment of the nonpersonnel costs incurred by the United States Government for stationing United States military personnel in that nation, with a goal of achieving by September 30, 2000, 75 percent of such costs. An increase in financial contributions by any nation under this paragraph may include the elimination of taxes, fees, or other charges levied on United States military personnel, equipment, or facilities stationed in that nation.
“(2) Increase its annual budgetary outlays for national defense as a percentage of its gross domestic product by 10 percent or at least to a level commensurate to that of the United States by September 30, 1999.
“(3) Increase its annual budgetary outlays for foreign assistance (to promote democratization, governmental accountability and transparency, economic stabilization and development, defense economic conversion, respect for the rule of law and internationally recognized human rights, and humanitarian relief efforts) by 10 percent or to provide such foreign assistance at an annual rate that is not less than one percent of its gross domestic product, by September 30, 1999.
“(4) Increase the military assets (including personnel, equipment, logistics, support and other resources) that it contributes or has pledged to contribute to multinational military activities worldwide by 10 percent by September 30, 1999.
“(b) Authorities To Encourage Actions by United States Allies.—In seeking the actions described in subsection (a) with respect to any nation, or in response to a failure by any nation to undertake one or more of such actions, the President may take any of the following measures to the extent otherwise authorized by law:“(1) Reduce the end strength level of members of the Armed Forces assigned to permanent duty ashore in that nation.
“(2) Impose on that nation fees or other charges similar to those that such nation imposes on United States forces stationed in that nation.
“(3) Reduce (through rescission, impoundment, or other appropriate procedures as authorized by law) the amount the United States contributes to the NATO Civil Budget, Military Budget, or Security Investment Program.
“(4) Suspend, modify, or terminate any bilateral security agreement the United States has with that nation, consistent with the terms of such agreement.
“(5) Reduce (through rescission, impoundment or other appropriate procedures as authorized by law) any United States bilateral assistance appropriated for that nation.
“(6) Take any other action the President determines to be appropriate as authorized by law.
“(c) Report on Progress in Increasing Allied Burdensharing.—Not later than March 1, 1999, the Secretary of Defense shall submit to Congress a report on—“(1) steps taken by other nations to complete the actions described in subsection (a);
“(2) all measures taken by the President, including those authorized in subsection (b), to achieve the actions described in subsection (a);
“(3) the difference between the amount allocated by other nations for each of the actions described in subsection (a) during the period beginning on October 1, 1996, and ending on September 30, 1997, and during the period beginning on October 1, 1997, and ending on September 30, 1998, or, in the case of any nation for which the data for such periods is inadequate, the difference between the amounts for the latest periods for which adequate data is available; and
“(4) the budgetary savings to the United States that are expected to accrue as a result of the steps described under paragraph (1).
“(d) Report on National Security Bases for Forward Deployment and Burdensharing Relationships.—(1) In order to ensure the best allocation of budgetary resources, the President shall undertake a review of the status of elements of the United States Armed Forces that are permanently stationed outside the United States. The review shall include an assessment of the following:“(A) The alliance requirements that are to be found in agreements between the United States and other countries.
“(B) The national security interests that support permanently stationing elements of the United States Armed Forces outside the United States.
“(C) The stationing costs associated with the forward deployment of elements of the United States Armed Forces.
“(D) The alternatives available to forward deployment (such as material prepositioning, enhanced airlift and sealift, or joint training operations) to meet such alliance requirements or national security interests, with such alternatives identified and described in detail.
“(E) The costs and force structure configurations associated with such alternatives to forward deployment.
“(F) The financial contributions that allies of the United States make to common defense efforts (to promote democratization, economic stabilization, transparency arrangements, defense economic conversion, respect for the rule of law, and internationally recognized human rights).
“(G) The contributions that allies of the United States make to meeting the stationing costs associated with the forward deployment of elements of the United States Armed Forces.
“(H) The annual expenditures of the United States and its allies on national defense, and the relative percentages of each nation’s gross domestic product constituted by those expenditures.
“(2) The President shall submit to Congress a report on the review under paragraph (1). The report shall be submitted not later than March 1, 1999, in classified and unclassified form.”
[Pub. L. 105–261, div. A, title XII, § 1233(a), Oct. 17, 1998, 112 Stat. 2156, provided that the amendments made by that section to section 1221(a) of Pub. L. 105–85, set out above, are effective Oct. 1, 1998.]
Similar provisions were contained in the following prior authorization act:
Pub. L. 104–201, div. A, title X, § 1084, Sept. 23, 1996, 110 Stat. 2673, as amended by Pub. L. 108–136, div. A, title X, § 1045(e), Nov. 24, 2003, 117 Stat. 1613.
Nato ParticipationPub. L. 103–447, title II, Nov. 2, 1994, 108 Stat. 4695, as amended by Pub. L. 104–107, title V, § 585, Feb. 12, 1996, 110 Stat. 752; Pub. L. 104–208, div. A, title I, § 101(c) [title VI, § 612], Sept. 30, 1996, 110 Stat. 3009–121, 3009–178; Pub. L. 105–277, div. G, subdiv. B, title XXVII, § 2703(e), Oct. 21, 1998, 112 Stat. 2681–842, provided that:
Cost-Sharing PolicyPub. L. 103–337, div. A, title XIII, § 1313(a)–(d), Oct. 5, 1994, 108 Stat. 2894, 2895, as amended by Pub. L. 110–417, [div. A], title XII, § 1238(b), Oct. 14, 2008, 122 Stat. 4644, provided that:
“(a) Policy.—It is the policy of the United States that the North Atlantic Treaty Organization (NATO) allies should assist the United States in paying the incremental costs incurred by the United States for maintaining members of the Armed Forces in assignments to permanent duty ashore in European member nations of NATO solely for support of NATO roles and missions.
“(b) Implementation.—The President shall take all necessary actions to ensure the effective implementation of the policy set forth in subsection (a).
“(c) Incremental Costs Defined.—For purposes of subsection (a), the definition provided for the term ‘incremental costs’ in section 1046 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 [Pub. L. 102–190, set out below], as added by subsection (e), shall apply with respect to maintaining members of the Armed Forces in assignments to permanent duty ashore in European member nations of NATO in the same manner as such term applies with respect to permanent stationing ashore of United States forces in foreign nations for purposes of subsection (e)(4) of such section 1046.
“[(d) Redesignated (c).]”
Implementation of Partnership for PeacePub. L. 103–236, title V, § 514, Apr. 30, 1994, 108 Stat. 467, as amended by Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217, provided that:
“[(a) Repealed. Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217.]
“(b) Authority of the President.—The President is authorized to confer, pursuant to agreement with any country eligible to participate in the Partnership for Peace, rights in respect of the military and related civilian personnel (including dependents of any such personnel) and activities of that country in the United States comparable to the rights conferred by that country in respect of the military and related civilian personnel (including dependents of any such personnel) and activities of the United States in that country.”
[Functions of President under section 514 of Pub. L. 103–236, set out above, delegated to Secretary of State by section 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, set out as a note under section 301 of Title 3, The President.]
Defense Cost-SharingPub. L. 102–190, div. A, title X, § 1046, Dec. 5, 1991, 105 Stat. 1466, as amended by Pub. L. 103–160, div. A, title XIV, § 1412(b), Nov. 30, 1993, 107 Stat. 1829; Pub. L. 103–337, div. A, title XIII, § 1313(e), Oct. 5, 1994, 108 Stat. 2895; Pub. L. 115–91, div. A, title X, § 1051(e), Dec. 12, 2017, 131 Stat. 1563, provided that:
“(a) Defense Cost-Sharing Agreements.—(1) The President shall consult with the foreign nations described in paragraph (2) to seek to achieve, within 12 months after the date of the enactment of this Act [Dec. 5, 1991], an agreement on equitable defense cost-sharing with each such nation.
“(2) The foreign nations referred to in paragraph (1) are—“(A) each member nation of the North Atlantic Treaty Organization (other than the United States); and
“(B) every other foreign nation with which the United States has a bilateral or multilateral defense agreement that provides for the assignment of combat units of the Armed Forces of the United States to permanent duty in the nation or the placement of combat equipment of the United States in the nation.
“(3) Each defense cost-sharing agreement entered into under paragraph (1) should provide that the foreign nation agrees to share equitably with the United States, through cash compensation or in-kind contributions, or a combination thereof, the costs to the United States that arise solely from the implementation of the provisions of the bilateral or multilateral defense agreement with that nation.
“(b) Exception.—The provisions of subsection (a) shall not apply to those foreign nations that receive assistance under section 23 of the Arms Export Control Act (22 U.S.C. 2763) relating to the foreign military financing program or under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) relating to the Economic Support Fund.
“(c) Consultations.—In conducting the consultations required under subsection (a), the President should make maximum feasible use of the Department of Defense and the post of Ambassador-at-Large created by section 8125(c) of the Department of Defense Appropriations Act, 1989 [Pub. L. 100–463] (10 U.S.C. 113 note).
“(d) Allies Mutual Defense Payments Account.—The Secretary of Defense shall maintain an accounting for defense cost-sharing under each agreement entered into with a foreign nation pursuant to subsection (a). The accounting shall show for each foreign nation the amount and nature of the—“(1) cost-sharing contributions agreed to by the nation;
“(2) cost-sharing contributions delivered by the nation;
“(3) additional contributions by the nation to any commonly funded multilateral programs providing for United States participation in the common defense;
“(4) contributions by the United States to any such commonly funded multilateral programs;
“(5) contributions of all other nations to any such commonly funded multilateral programs; and
“(6) costs to the United States that arise solely from the implementation of the provisions of the bilateral or multilateral defense agreement with the nation.
Active-Duty Forces in Europe of Member Nations of NATOPub. L. 101–189, div. A, title IX, § 912, Nov. 29, 1989, 103 Stat. 1523, directed Secretary of Defense to ensure that, for the next three years, the current ratio (expressed as a percentage) of U.S. active duty forces in Europe to allied active duty forces in Europe does not increase by more than a specified amount.
Sense of Congress on Need for Modernization of Theater Nuclear Capabilities of NATOPub. L. 100–456, div. A, title X, § 1004, Sept. 29, 1988, 102 Stat. 2039, provided that:
“(a) Findings.—Congress makes the following findings:“(1) The security of the North Atlantic Treaty Organization (NATO) alliance will continue for the foreseeable future to rely on a modern and credible nuclear deterrent.
“(2) NATO should make every effort to achieve the goal of raising the threshold for the use of nuclear weapons in the event of a conflict in Europe.
“(3) While recognizing that there is a critical need for improvements in conventional forces, Congress also recognizes that the United States will have to devote defense resources in the future to the continuing modernization of the theater nuclear capabilities of NATO.
“(4) The modernization of the theater nuclear capabilities of NATO is a continuing process and stems from the 1983 Montebello decision by NATO to reduce the stockpile of nuclear weapons in Europe while taking steps to ensure that the remaining nuclear weapons of the alliance are responsive, survivable, and effective.
“(5) Programs to modernize theater nuclear forces, which had a high priority for NATO before the ratification of the Intermediate-range Nuclear Forces (INF) Treaty, are at least as important following the ratification of that treaty in May 1988.
“(6) The NATO Nuclear Planning Group recently reaffirmed its endorsement of development by the United States of a new missile for delivery of theater nuclear weapons as a follow-on to the current Lance missile, with a view toward an eventual decision on deployment of such a follow-on missile.
“(b) Sense of Congress.—In light of the findings in subsection (a), it is the sense of Congress that—“(1) modernization of the theater nuclear capabilities of the North Atlantic Treaty Organization is essential to the deterrence strategy of the NATO alliance, particularly in light of the requirements of the Intermediate-range Nuclear Forces (INF) Treaty for the destruction of intermediate-range nuclear weapons;
“(2) continued modernization by the United States of theater nuclear capabilities should be undertaken in close consultation with other NATO member nations; and
“(3) the United States should proceed with ongoing activities to meet the identified requirement of the NATO alliance for development of a new missile for delivery of theater nuclear weapons as a follow-on to the Lance missile.”
Report on Official Development Assistance Program of JapanPub. L. 100–456, div. A, title X, § 1009(b), Sept. 29, 1988, 102 Stat. 2041, which required annual reports on the Official Development Assistance program of the Government of Japan, was repealed by Pub. L. 115–91, div. A, title X, § 1051(c), Dec. 12, 2017, 131 Stat. 1562.
Japan-United States Security Relationship and Efforts by Japan To Fulfill Self-Defense ResponsibilitiesPub. L. 99–93, title VIII, § 812, Aug. 16, 1985, 99 Stat. 453, as amended by Pub. L. 103–236, title I, § 139(14), Apr. 30, 1994, 108 Stat. 398, provided that:
“(a) Findings.—The Congress hereby finds—“(1) the Japan-United States security relationship is the foundation of the peace and security of Japan and the Far East, as well as a major contributor to the protection of the United States and of the democratic freedoms and economic prosperity enjoyed by both the United States and Japan;
“(2) the threats to our two democracies have increased significantly since 1976, principally through the Soviet invasion of Afghanistan, the expansion of Soviet armed forces in the Far East, the invasion of Cambodia by Vietnam, and the instability in the Persian Gulf region as signified by the continuing Iran-Iraq conflict;
“(3) in recognition of these and other threats, the United States has greatly increased its annual defense spending through sustained real growth averaging 8.8 percent yearly between fiscal 1981 and 1985, and cumulative real growth of 50 percent in that period;
“(4) the United States Government appreciates the May 1981 commitment by the Prime Minister of Japan that, pursuant to the Treaty of Mutual Cooperation and Security of 1960 between Japan and the United States, Japan, on its own initiative, would seek to make even greater efforts for improving its defense capabilities, and pursuant to Japan’s own Constitution, it was national policy for his country to acquire and maintain the self-defense forces adequate for the defense of its land area and surrounding airspace and sealanes, out to a distance of 1,000 miles;
“(5) the United States Government applauds the policy of Japan to obtain the capabilities to defend its sea and air lanes out to 1,000 miles, expects that these capabilities should be acquired by the end of the decade, and recognizes that achieving those capabilities would significantly improve the national security of both Japan and the United States;
“(6) the United States Government appreciates the contribution already made by Japan through the Host Nation Support Program and its recent efforts to increase its defense spending; and
“(7) Japan, however, in recent years consistently has not provided sufficient funding and resources to meet its self-defense needs and to meet common United States-Japan defense objectives and alliance responsibilities.
“(b) Sense of Congress.—It is the sense of the Congress that Japan, to fulfill its self-defense responsibilities pursuant to the 1960 Mutual Cooperation and Security Treaty with the United States, and in accordance with the national policy declaration made by its Prime Minister in May 1981, to develop a 1,000-mile airspace and sealanes defense capability, should implement a 1986–1990 Mid-Term Defense Plan containing sufficient funding, program acquisition, and force development resources to obtain the agreed-upon 1,000 mile self-defense capabilities by the end of the decade, including the allocation of sufficient budgetary resources annually to reduce substantially the ammunition, logistics, and sustainability shortfalls of its self-defense forces.”
Sense of Congress Relating to Increase in Defense Spending by United States AlliesPub. L. 98–525, title X, § 1001, Oct. 19, 1984, 98 Stat. 2574, expressed the sense of Congress that the President should call on the nations of the North Atlantic Treaty Organization to meet or exceed their pledges for an annual increase in defense spending during fiscal years 1984 and 1985 of at least 3 percent real growth and should call on Japan to further increase its defense spending during fiscal years 1984 and 1985.
Similar provisions were contained in Pub. L. 98–473, title I, § 101(e) [§ 127], (h) [title VIII, § 8105], Oct. 12, 1984, 98 Stat. 1877, 1883, 1904, 1943.
Improvements to NATO Conventional CapabilityPub. L. 98–525, title X, § 1002, Oct. 19, 1984, 98 Stat. 2574, as amended by Pub. L. 99–145, title XI, § 1101, Nov. 8, 1985, 99 Stat. 707; Pub. L. 101–189, div. A, title IX, § 911(a), Nov. 29, 1989, 103 Stat. 1523; Pub. L. 101–510, div. A, title IV, § 406, title XIII, § 1312(c)(1), (2), Nov. 5, 1990, 104 Stat. 1546, 1670; Pub. L. 102–25, title VII, § 704(a)(2), Apr. 6, 1991, 105 Stat. 118; Pub. L. 102–190, div. A, title X, § 1042, Dec. 5, 1991, 105 Stat. 1462; Pub. L. 102–484, div. A, title XIII, § 1303(a), Oct. 23, 1992, 106 Stat. 2546; Pub. L. 103–160, div. A, title XIV, § 1412(a), Nov. 30, 1993, 107 Stat. 1828; Pub. L. 103–337, div. A, title XIII, § 1303(a)–(c), Oct. 5, 1994, 108 Stat. 2889, 2890; Pub. L. 104–106, div. A, title XIII, § 1334(a), title XV, § 1502(c)(7), Feb. 10, 1996, 110 Stat. 484, 508; Pub. L. 106–65, div. A, title X, §§ 1032(b)(4), 1067(12), Oct. 5, 1999, 113 Stat. 751, 775, provided that:
“(a) The Congress finds—“(1) that the North Atlantic Treaty Organization (NATO) should improve its conventional defense capability so as to lengthen the period of time that Western Europe can be defended by conventional forces without the necessity of resorting to the early use of nuclear weapons in the event of a non-nuclear attack on any NATO member country;
“(2) that fulfillment by NATO member nations of their goals and commitments to increase defense spending, improve conventional sustainability, and provide support facilities in Western Europe for rapid reinforcements from the United States is crucial to accomplishing that objective; and
“(3) that an increase over current United States military personnel levels in European member nations of NATO can be justified only if these goals and commitments are substantially met by NATO member nations (other than the United States).
“(b) The Congress urges the President and the Secretary of Defense to continue to encourage member nations of NATO (other than the United States) to work expeditiously to fulfill the following commitments they have undertaken:“(1) To achieve and maintain an annual increase in their defense spending of at least 3 percent, after inflation.
“(2) To acquire a 30-day supply of air and ground munitions among those NATO members which have committed forces to the Northern, Center, and Southern Regions.
“(3) To construct the number of minimum essential and emergency operating facilities and semihardened aircraft shelters in Western Europe required by NATO Ministerial Guidance to support, under NATO/SHAPE standards, as a minimum, the annual commitment of United States reinforcing tactical aircraft.
“(c)(1) The end strength level of members of the Armed Forces of the United States assigned to permanent duty ashore in European member nations of the North Atlantic Treaty Organization may not exceed a permanent ceiling of approximately 100,000 in any fiscal year.
“(2) If the Secretary of Defense certifies to the Congress in writing during any fiscal year after fiscal year 1985 that during the previous fiscal year the member nations of NATO (other than the United States) have undertaken significant measures to improve their conventional defense capacity consistent with the goals set forth in subsection (b) which contributes to lengthening the time period between an armed attack on any NATO country and the time the Supreme Allied Commander, Europe, would have to request the release and use of nuclear weapons, the Congress would give strong consideration to authorizing an increase in the permanent ceiling prescribed in paragraph (1) for fiscal years after such fiscal year.
“(3) For purposes of this subsection, the following members of the Armed Forces are excluded in calculating the end strength level of members of the Armed Forces of the United States assigned to permanent duty ashore in European member nations of NATO:“(A) Members assigned to permanent duty ashore in Iceland, Greenland, and the Azores.
“(B) Members performing duties in Europe for more than 179 days under a military-to-military contact program under [former] section 168 of title 10, United States Code.
“[(d) Repealed. Pub. L. 106–65, div. A, title X, § 1032(b)(4), Oct. 5, 1999, 113 Stat. 751.]
“(e)(1) The Congress finds that a viable ‘two-way street’ of defense procurement improves NATO interoperability and therefore is important to overall improvements in conventional defense.
“(2) In addition to any funds appropriated pursuant to the authorization contained in this Act for the activities of the Director of Operational Test and Evaluation, Defense, the Director may use an additional amount, not to exceed $50,000,000, to acquire certain types of weapons, subsystems, and munitions of European NATO manufacture for side-by-side testing with comparable United States manufactured items. Such additional amount shall be derived from any funds appropriated pursuant to an authorization contained in this Act. Items that may be acquired under this paragraph include submunitions and dispensers, anti-tank and anti-armor guided missiles, mines, runway-cratering devices, torpedoes, mortar systems, light armored vehicles, and high-velocity anti-tank guns.
“(f)(1) This section shall not apply in the event of a declaration of war or an armed attack on any NATO member country.
“(2) This section may be waived by the President if he declares an emergency and immediately informs the Congress of his action and the reasons therefor.”
[Pub. L. 103–337, div. A, title XIII, § 1303(d), Oct. 5, 1994, 108 Stat. 2890, provided that: “The amendment made by subsection (a) [amending section 1002(c)(1) of Pub. L. 98–525, set out above] shall take effect on October 1, 1995.”
]
[Pub. L. 102–484, div. A, title XIII, § 1303(b), Oct. 23, 1992, 106 Stat. 2546, which provided that the amendment of section 1002(c)(1) of Pub. L. 98–525, set out above, by section 1303(a) of Pub. L. 102–484, take effect Oct. 1, 1995, was repealed by Pub. L. 103–337, div. A, title XIII, § 1303(c), Oct. 5, 1994, 108 Stat. 2890.]
[Pub. L. 101–189, div. A, title IX, § 911(b), Nov. 29, 1989, 103 Stat. 1523, which provided that the amendment of section 1002 of Pub. L. 98–525, set out above, by section 911(a) of Pub. L. 101–189, take effect on Sept. 30, 1991, was repealed by Pub. L. 101–510, div. A, title IV, § 406(c), Nov. 5, 1990, 104 Stat. 1546.]
Report on Allied Contributions to the Common DefensePub. L. 98–525, title X, § 1003, Oct. 19, 1984, 98 Stat. 2576, as amended by Pub. L. 101–510, div. A, title XIII, § 1312(c)(3), Nov. 5, 1990, 104 Stat. 1670; Pub. L. 104–201, div. A, title X, § 1084(e), Sept. 23, 1996, 110 Stat. 2675; Pub. L. 108–136, div. A, title X, § 1045(e), Nov. 24, 2003, 117 Stat. 1613; Pub. L. 110–417, [div. A], title XII, § 1238(a), Oct. 14, 2008, 122 Stat. 4644; Pub. L. 115–91, div. A, title X, § 1051(b), Dec. 12, 2017, 131 Stat. 1562, provided that:
“(a) In recognition of the increasing military threat faced by the Western World and in view of the growth, relative to the United States, in the economic strength of Japan, Canada, and a number of Western European countries which has occurred since the signing of the North Atlantic Treaty on April 4, 1949, and the Mutual Cooperation and Security Treaty between Japan and the United States on January 19, 1960, it is the sense of the Congress that—“(1) the burdens of mutual defense now assumed by some of the countries allied with the United States under those agreements are not commensurate with their economic resources;
“(2) since May 1978, when each member nation of the North Atlantic Treaty Organization (NATO) agreed to increase real defense spending annually in the range of 3 percent, most NATO members, except for the United States, have failed to meet the 3 percent real growth commitment consistently;
“(3) since May 1981, when the Government of Japan established its policy to defend the air and sea lines of communication out to 1,000 nautical miles from the coast of Japan, progress to develop the necessary self-defense capabilities to fulfill that pledge has been extremely disappointing;
“(4) Japan is the ally of the United States with the greatest potential for improving its self-defense capabilities and should, therefore, rapidly increase its annual defense spending to the levels required to fulfill that pledge and to enable Japan to be capable of an effective conventional self-defense capability by 1990, including the capability to carry out its 1,000-mile defense policy, a development that would be consonant not only with Japan’s current prominent position in the family of nations but also with its unique sensibilities on the issues of war and peace, sensibilities that are recognized and respected by the people of the United States; and
“(5) the continued unwillingness of such countries to increase their contributions to the common defense to more appropriate levels will endanger the vitality, effectiveness, and cohesion of the alliances between those countries and the United States.
“(b) It is further the sense of the Congress that the President should seek from each signatory country (other than the United States) of the two treaties referred to in subsection (a) acceptance of international security responsibilities and an agreement to make contributions to the common defense which are commensurate with the economic resources of such country, including, when appropriate, an increase in host nation support.[Pub. L. 108–136, div. A, title X, § 1045(e), Nov. 24, 2003, 117 Stat. 1613, provided in part that: “The amendment made by the preceding sentence [amending section 1084(e) of 104–201, set out in the credit of the note above] shall take effect as if included in Public Law 104–201.”]
Similar provisions were contained in the following prior authorization act:
Pub. L. 98–94, title XI, § 1102, Sept. 24, 1983, 97 Stat. 673.
NATO Defense Industrial CooperationPub. L. 97–252, title XI, § 1122, Sept. 8, 1982, 96 Stat. 755, provided that:
“(a) The Congress finds that—“(1) the United States remains firmly committed to cooperating closely with its North Atlantic Treaty Organization (hereinafter in this section referred to as ‘NATO’) allies in protecting liberty and maintaining world peace;
“(2) the financial burden of providing for the defense of Western Europe and for the protection of the interests of NATO member countries in areas outside the NATO treaty area has reached such proportions that new cooperative approaches among the United States and its NATO allies are required to achieve and maintain an adequate collective defense at acceptable costs;
“(3) the need for a credible conventional deterrent in Western Europe has long been recognized in theory but has never been fully addressed in practice;
“(4) a more equitable sharing by NATO member countries of both the burdens and the technological and economic benefits of the common defense would do much to reinvigorate the North Atlantic Treaty Organization alliance with a restored sense of unity and common purpose;
“(5) a decision to coordinate more effectively the enormous technological, industrial, and economic resources of NATO member countries will not only increase the efficiency and effectiveness of NATO military expenditures but also provide inducement for the Soviet Union to enter into a meaningful arms reduction agreement so that both Warsaw Pact countries and NATO member countries can devote more of their energies and resources to peaceful and economically more beneficial pursuits.
“(b) It is the sense of the Congress that the President should propose to the heads of government of the NATO member countries that the NATO allies of the United States join the United States in agreeing—“(1) to coordinate more effectively their defense efforts and resources to create, at acceptable costs, a credible, collective, conventional force for the defense of the North Atlantic Treaty area;
“(2) to establish a cooperative defense-industrial effort within Western Europe and between Western Europe and North America that would increase the efficiency and effectiveness of NATO expenditures by providing a larger production base while eliminating unnecessary duplication of defense-industrial efforts;
“(3) to share more equitably and efficiently the financial burdens, as well as the economic benefits (including jobs, technology, and trade) of NATO defense; and
“(4) to intensify consultations promptly for the early achievement of the objectives described in clauses (1) through (3).”
North Atlantic Treaty Organization Countries and Japan; Contributions of Allies of United States to Common Defense Commensurate With Economic Resources; Report to CongressPub. L. 96–342, title X, § 1006, Sept. 8, 1980, 94 Stat. 1120, as amended by Pub. L. 97–86, title IX, § 919, Dec. 1, 1981, 95 Stat. 1132; Pub. L. 97–252, title XI, § 1120, Sept. 8, 1982, 96 Stat. 754, provided that:
“(a) In recognition of the growth, relative to the United States, in the economic strength of Japan, Canada, and Western European countries which has occurred since the signing of the North Atlantic Treaty on April 4, 1949, and the Mutual Cooperation and Security Treaty between Japan and the United States on January 19, 1960, it is the sense of Congress that—“(1) the burdens of mutual defense now assumed by the countries allied with the United States under those agreements are not commensurate with their economic resources; and
“(2) the continued unwillingness of those countries to increase their contributions to the common defense to more appropriate levels would endanger the vitality, effectiveness, and cohesiveness of the alliances between those countries and the United States.
“(b) It is further the sense of Congress that the President should seek from each signatory country (other than the United States) of the two treaties referred to in subsection (a) acceptance of international security responsibilities and agreement to make contributions to the common defense which are commensurate with the economic resources of such country, including, when appropriate, an increase in host nation support.
“(c)(1) The Secretary of Defense shall submit to the Congress not later than March 1, 1983, a report providing—“(A) a comparison of the fair and equitable shares of the mutual defense burdens of these alliances that should be borne by the United States, by other member nations of the North Atlantic Treaty Organization (NATO), and by Japan, based upon economic strength and other relevant factors, and the actual defense efforts of each nation together with an explanation of disparities that currently exist and their impact on mutual defense efforts;
“(B) a description of efforts by the United States and of other efforts to eliminate existing disparities;
“(C) estimates of the real growth in defense spending in fiscal year 1983 projected for each NATO member nation compared to the annual real growth goal in the range of 3 percent set in May 1978;
“(D) a description of the defense-related initiatives undertaken by each NATO member nation within the real growth in defense spending of such nation in fiscal year 1983;
“(E) an explanation of those instances in which the commitments to real growth in defense spending and to the Long-Term Defense Program have not been realized and a description of efforts being made by the United States to ensure fulfillment of these important NATO commitments; and
“(F) a description of what additional actions the President plans to take should the efforts by the United States referred to in clauses (B) and (E) fail and, in those instances where such additional actions do not include consideration of the repositioning of elements of the Armed Forces of the United States, a detailed explanation as to why such repositioning is not being so considered.
“(2) If the report required by paragraph (1) as submitted to Congress is designated as having been classified, pursuant to Executive order, as requiring protection against unauthorized disclosure in the interest of national defense or foreign policy, then not later than thirty days after the submission of such report the Secretary shall submit to Congress a further report containing all the information in the initial report that does not require such protection.”
North Atlantic Treaty Organization; Balance-of-Payments Deficit; Equitable Cost Sharing; Report to CongressPub. L. 93–155, title VIII, § 812, Nov. 16, 1973, 87 Stat. 619, provided that:
“(a) The Congress finds that in order to achieve a more equitable sharing of the costs and expenses arising from commitments and obligations under the North Atlantic Treaty, the President should seek, through appropriate bilateral and multilateral arrangements, payments sufficient in amount to offset fully any balance-of-payment deficit incurred by the United States during the fiscal year ending June 30, 1974, as the result of the deployment of forces in Europe in fulfillment of the treaty commitments and obligations of the United States. This balance-of-payment deficit shall be determined by the Secretary of Commerce in consultation with the Secretary of Defense and the Comptroller General of the United States.
“(b) In the event that the North Atlantic Treaty Organization members (other than the United States) fail to offset the net balance-of-payment deficit described in subsection (a) prior to the expiration of eighteen months after the date of enactment of this section [Nov. 16, 1973], no funds may be expended after the expiration of twenty-four months following the date of enactment of this section [Nov. 16, 1973] for the purpose of maintaining or supporting United States forces in Europe in any number greater than a number equal to the average monthly number of United States forces assigned to duty in Europe during the fiscal year ending June 30, 1974, reduced by a percentage figure equal to the percentage figure by which such balance-of-payment deficit during such fiscal year was not offset.
“(c) The Congress further finds (1) that the other members of the North Atlantic Treaty Organization should, in order to achieve a more equitable sharing of the cost burden under the treaty, substantially increase their contributions to assist the United States in meeting those added budgeting expenses incurred as the result of maintaining and supporting United States forces in Europe, including, but not limited to, wages paid to local personnel by the United States, recurring expenses incurred in connection with the maintenance and operation of real property, maintenance facilities, supply depots, cold storage facilities, communications systems, and standby operations, and nonrecurring expenses such as the construction and rehabilitation of plants and facilities; (2) that the amount paid by the United States in connection with the North Atlantic Treaty infrastructure program should be reduced to a more equitable amount; and (3) that the President should seek, through appropriate bilateral and multilateral arrangements, a substantial reduction of the amounts paid by the United States in connection with those matters described in (1) and (2) above.
“(d) The President shall submit to the Congress within ninety days after the date of enactment of this Act [Nov. 16, 1973], and at the end of each ninety-day period thereafter, a written report informing the Congress of the progress that has been made in implementing the provisions of this section.”
United States Citizens Commission on NATOPub. L. 86–719, Sept. 7, 1960, 74 Stat. 818, as amended by Pub. L. 87–116, July 31, 1961, 75 Stat. 242, provided for a United States Citizens Commission on NATO to terminate on June 30, 1962, including the appointment of the Commission, vacancies, chairman and vice chairman, statement of purpose, conferences in NATO countries, representative status, authority of Commission, compensation and expenses, appropriations, and reports to Congress.
Executive Documents
Ex. Ord. No. 11633. Security Clearance Program for United States Citizens Employed Directly by NATO, SEATO, and CENTO
Ex. Ord. No. 11633. Dec. 3, 1971, 36 F.R. 23197, provided:
The United States now participates in the activities of the North Atlantic Treaty Organization (NATO), the South-East Asia Treaty Organization (SEATO), and the Central Treaty Organization (CENTO). The Security regulations of these three treaty organizations provide that each participating nation shall be responsible for the security screening and security clearance of its own citizens before they are authorized access to the Organization’s TOP SECRET, SECRET, or CONFIDENTIAL information. There is no existing program, however, under which United States civilians who are hired directly by these organizations can be screened and cleared for access to such Organization’s TOP SECRET, SECRET, or CONFIDENTIAL information while so employed. It is, of course, in the interest of the United States that United States citizens who participate in the activities of NATO, SEATO, and CENTO as direct hire employees of the civil or military agencies of those organizations be reliable, trustworthy, of good conduct and character, and of complete and unswerving loyalty to the United States. At the same time, it is a fundamental principle of our Government to protect against unreasonable or unwarranted encroachment on the freedom and privacy of individuals.
I have determined that the provisions and procedures prescribed by this Order are necessary to assure the preservation of the integrity of the classified information of NATO, SEATO, and CENTO, and to protect the national interest. I have also determined that these provisions and procedures recognize the rights of individuals affected thereby and provide maximum possible safeguards to protect such rights.
NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States, and as Commander-in-Chief of the Armed Forces of the United States, it is ordered as follows:
Section 1. The Secretary of Defense shall establish a program and, by regulation, shall prescribe such specific requirements, restrictions, and other safeguards as he considers necessary for the administration of procedures whereby “Certificates of Security Clearance” for the United States citizens directly employed by civil or military agencies of NATO, SEATO, or CENTO may be provided to these international organizations when they so request. Such program shall also provide for the denial, revocation, or suspension of such “Certificates.”
Sec. 2. Subject to the provisions of applicable international agreements, the procedures established by the Secretary of Defense shall, insofar as is practical, be similar to those established by him pursuant to the authority vested in him by Executive Order No. 10865 of February 20, 1960, as amended [set out as a note under section 3161 of Title 50, War and National Defense].
Sec. 3. The substance of the criteria, safeguards, and procedures provided in Sections 2, 3, 4, 5, 6, 7, and 9 of Executive Order No. 10865, as amended [set out as a note under section 3161 of Title 50, War and National Defense], shall be incorporated in the regulations of the Secretary of Defense governing the program established hereunder.
Sec. 4. Any authority vested in the Secretary of Defense by this Order may be delegated to the Deputy Secretary of Defense or an Assistant Secretary of Defense.
Richard Nixon.
Determination Regarding End Strength Level of U.S. Armed Forces in Europe for Fiscal Year 1991
Determination of President of the United States, No. 91–37, May 29, 1991, 56 F.R. 25611, provided:
Memorandum for the Secretary of Defense
Consistent with section 406(b) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1546) [amending section 1002 of Pub. L. 98–525, set out as a note above], I hereby authorize an end strength level of members of the Armed Forces assigned to permanent duty ashore in European member nations of the North Atlantic Treaty Organization in excess of 261,855 for fiscal year 1991, and determine that the national security interests of the United States require such authorization.
You are authorized and directed to notify the Congress of this determination and of the necessity therefor contained in the attached justification [not set out in the Code], and to publish this determination in the Federal Register.
George Bush.