ACTIVE-DUTY FORCES IN EUROPE OF MEMBER NATIONS OF NATO

SEC. 912. ACTIVE-DUTY FORCES IN EUROPE OF MEMBER NATIONS OF NATO (a) Findings.—Congress makes the following findings: (1) Member nations of the North Atlantic Treaty Organization (NATO), at the initiative of the President, have presented to the nations of the Warsaw Pact a comprehensive proposal concerning reductions in conventional forces in Europe for consideration in the negotiations on Conventional Armed Forces in Europe (CFE). (2) An agreement based on that proposal would significantly enhance security and stability in Europe and the cause of peace worldwide. (3) Irrespective of developments in the CFE negotiations, several member nations of NATO are considering making significant unilateral reductions over the next several years in the number of their active-duty forces in Europe. (4) Such unilateral reductions in active-duty forces before an agreement on CFE enters into force would— (A) undercut efforts by NATO to improve its conventional defense posture in Europe, increase reliance by NATO on the threat of the early use of nuclear weapons to deter aggression, and undermine the NATO arms control negotiating posture in the CFE negotiations; and (B) exacerbate longstanding burdensharing tensions among member nations of NATO. (5) Despite shifts in relative economic power from the United States to some of the major allies of the United States, the costs of mutual defense continue to be borne disproportionately by the United States. (6) Adjustments in burdensharing are long overdue. (b) Definitions.—For purposes of this section: (1) The term “active-duty forces in Europe” means those active-duty military personnel assigned to permanent duty ashore in European member nations of NATO, except that such term does not include INF-related forces. (2) The term “INF-related forces” means those active-duty military personnel assigned to permanent duty ashore in European member nations of NATO who are to be demobilized or withdrawn from Europe as a result of the elimination of the intermediate-range nuclear weapons of the United States pursuant to the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of their Intermediate-range and Shorter-range Missiles, signed on December 8, 1987 (commonly referred to as the “INF Treaty”). (3) The term “U.S. end-strength level in Europe” means the actual number of active-duty forces in Europe of the Armed Forces of the United States at the end of a fiscal year. 103 STAT. 1524 (4) The term “allied forces end-strength level in Europe” means the actual number of active-duty forces in Europe of the armed forces of member nations of NATO (other than the United States) in Europe at the end of a fiscal year. (c) Baseline Report on Active-Duty Forces in Europe.—(1) Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the number of the active-duty forces in Europe of the member nations of NATO. The report shall identify the following (1) The U.S. end-strength level in Europe for fiscal year 1989. (2) The allied forces end-strength level in Europe for fiscal year 1989. (3) The actual number of active-duty forces in Europe of the armed forces of each member nation of NATO (other than the United States) at the end of fiscal year 1989. (4) The ratio (expressed in terms of a percentage) of— (A) the U.S. end-strength level in Europe; to (B) the allied forces end-strength level in Europe. (d) U.S.-Allied Forces Ratio.— (1) The ratio identified for fiscal year 1989 under subsection (c)(4) is hereinafter in this section referred to as the “baseline U.S.-allied forces ratio”. (2) The ratio identified in an annual report under subsection (e) is hereinafter in this section referred to as the “U.S.-allied forces ratio”. (e) Annual Report on Maintaining Active-Duty Forces in Europe.— (1) During each of the fiscal years 1991, 1992, and 1993, the Secretary of Defense shall prepare a report identifying for the preceding fiscal year the following: (A) The U.S. end-strength level in Europe for the fiscal year covered by the report. (B) The allied forces end-strength level in Europe for such fiscal year. (C) The ratio (expressed in terms of a percentage) of the U.S. end-strength level in Europe to the allied forces end-strength level in Europe for the fiscal year covered by the report. (2) The Secretary shall include in each such report the following: (A) A statement of whether there has been any change in the U.S.-allied forces ratio for such fiscal year compared with— (i) the baseline U.S.-allied forces ratio; and (ii) after fiscal year 1991, the U.S-allied forces ratio for the fiscal year immediately preceding the fiscal year covered by such report. (B) In the case of a change in the U.S.-allied forces ratio for such fiscal year, a description of the amount of such change and any explanation of the cause for such change. (C) A discussion of any action taken by the United States during such fiscal year to encourage member nations of NATO (other than the United States) to increase the number of their active-duty forces in Europe and the results of that action. (3)(A) Except as provided in subparagraph (B), the report required by paragraph (1) shall be submitted to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives not later than April 1 of each fiscal year referred to in such paragraph. 103 STAT. 1525 (8) The Secretary shall be considered to have complied with subparagraph (A) in a fiscal year if the Secretary includes the information required by paragraphs (1) and (2) in the report submit-ted in such year pursuant to section 1002(d)(2) of the Department of Defense Authorization Act, 1985 (22 U.S.C. 1928 note). (f) Limitation on Obligation of Funds.—(1) If the Secretary of Defense states in a report prepared under subsection (e) that the U.S.-allied forces ratio for the fiscal year covered by such report is greater than the baseline U.S.-allied forces ratio by more than one-tenth of one percentage point— (A) the President shall undertake appropriate diplomatic initiatives to persuade the member nations of NATO (other than the United States) to increase the number of their active-duty forces in Europe so that the U.S.-allied forces ratio no longer exceeds the baseline U.S. allied forces ratio; and (B) funds appropriated to or for the use of the Department of Defense may not be obligated or expended for the next fiscal year to support active-duty forces in Europe of the Armed Forces of the United States at an end-strength level that would cause the U.S-allied forces ratio in such fiscal year to exceed the baseline U.S.-allied forces ratio by more than one-tenth of one percentage point. (2) The President may waive the provisions of paragraph (1) if the President determines that such action is critical to the national security of the United States. The President shall immediately notify Congress of such a waiver and the reasons for such waiver. (3) Paragraph (1) shall not apply in the event of a declaration of war or an armed attack on any member nation of NATO or in the event that a comprehensive arms reduction agreement enters into force as a result of the negotiations on Conventional Armed Forces in Europe (CFE). (g) End-Strength Permanent Ceiling.—Nothing in this section shall be construed to permit the obligation or expenditure of funds to support an end-strength level of members of the Armed Forces of the United States assigned to permanent duty ashore in European member nations of NATO at any level in excess of the permanent ceiling specified in section 1002(c)(1) of the Department of Defense Authorization Act, 1985 (22 U.S.C. 1928 note).