H.R. 4243 (112th): NATO Enhancement Act of 2012

112th Congress, 2011–2013. Text as of Mar 22, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

2d Session

H. R. 4243

IN THE HOUSE OF REPRESENTATIVES

March 22, 2012

(for himself and Mr. Miller of Florida) introduced the following bill; which was referred to the Committee on Foreign Affairs

A BILL

To strengthen the North Atlantic Treaty Organization.

1.

Short title

This Act may be cited as the NATO Enhancement Act of 2012.

2.

Findings

Congress makes the following findings:

(1)

The sustained commitment of the North Atlantic Treaty Organization (NATO) to mutual defense has made possible the democratic transformation of Central and Eastern Europe.

(2)

Lasting stability and security in Europe requires the further military, economic, and political integration of emerging democracies into existing European and transatlantic structures.

(3)

NATO is not directed against any single adversary and must continue to develop close partnerships with non-member nations.

(4)

In an era of threats from terrorism and the proliferation of weapons of mass destruction, the North Atlantic Treaty Organization has effectively adapted its mission and responded to new threats and challenges.

(5)

NATO is currently involved in several operations benefiting United States national security, including the International Security and Assistance Force (ISAF) for Afghanistan, NATO’s Kosovo Force (KFOR), the counter-terrorism Operation Active Endeavor in the Mediterranean Sea, anti-piracy Operation Ocean Shield off the Horn of Africa, support for African Union missions, as well as the completed missions of Operation Unified Protector in Libya in 2011, the Implementation (IFOR) and Stabilization Forces (SFOR) in Bosnia and Herzegovina, Operation Essential Harvest in Macedonia, training of Iraqi security forces, and humanitarian missions after Hurricane Katrina, in Darfur, and in Pakistan.

(6)

NATO serves as a force multiplier, whose command structures, training institutions, and multilateral exercises have generated unprecedented multinational contributions to United States national security priorities and enabled European soldiers to fight side-by-side with members of the United States Armed Forces.

(7)

NATO is a community of democracies that can act collectively to promote freedom, stability, and peace around the globe.

(8)

Allies who have recently acceded to NATO, as well as partner nations such as Bosnia and Herzegovina, Georgia, the Republic of Macedonia, and Montenegro are among the highest per capita contributors to NATO missions.

(9)

Members of the United States Armed Forces and NATO forces have provided tremendous sacrifice on behalf of the freedom and security of the NATO alliance, and those soldiers who have perished fighting on behalf of the Western alliance should be forever remembered for their ultimate sacrifice.

(10)

In the NATO Participation Act of 1994 (title II of Public Law 103–447; 22 U.S.C. 1928 note), Congress declared that full and active participants in the Partnership for Peace in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area should be invited to become full NATO members in accordance with Article 10 of such Treaty at an early date.

(11)

In the NATO Enlargement Facilitation Act of 1996 (22 U.S.C. 1928 note 110 Stat. 3009–173), Congress called for the prompt admission of Poland, Hungary, the Czech Republic, and Slovenia to the North Atlantic Treaty Organization, and declared that in order to promote economic stability and security in Slovakia, Estonia, Latvia, Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine … the process of enlarging NATO to include emerging democracies in Central and Eastern Europe should not be limited to consideration of admitting Poland, Hungary, the Czech Republic, and Slovenia as full members of the NATO Alliance.

(12)

At the Madrid Summit of the North Atlantic Treaty Organization in July 1997, Poland, Hungary, and the Czech Republic were invited to join the Alliance, and the North Atlantic Treaty Organization Heads of State and Government issued a declaration stating, The alliance expects to extend further invitations in coming years to nations willing and able to assume the responsibilities and obligations of membership … No European democratic country whose admission would fulfill the objectives of the [North Atlantic] Treaty will be excluded from consideration..

(13)

In the European Security Act of 1998 (22 U.S.C. 1928 note; 112 Stat. 2681–839), Congress declared that Poland, Hungary, and the Czech Republic should not be the last emerging democracies in Central and Eastern Europe invited to join NATO and that Romania, Estonia, Latvia, Lithuania, and Bulgaria … would make an outstanding contribution to furthering the goals of NATO and enhancing stability, freedom, and peace in Europe should they become NATO members [and] upon complete satisfaction of all relevant criteria should be invited to become full NATO members at the earliest possible date.

(14)

On February 11, 1998, the Senate approved the resolution of advice and consent to ratification of the Protocols to the North Atlantic Treaty of 1949 on Accession of Poland, Hungary, and the Czech Republic (Treaty Document 105–36), inviting Poland, Hungary, and the Czech Republic to join the North Atlantic Treaty Organization.

(15)

At the Washington Summit of the North Atlantic Treaty Organization in April 1999, the North Atlantic Treaty Organization Heads of State and Government issued a communique declaring, We pledge that NATO will continue to welcome new members in a position to further the principles of the [North Atlantic] Treaty and contribute to peace and security in the Euro-Atlantic area … The three new members will not be the last … No European democratic country whose admission would fulfill the objectives of the Treaty will be excluded from consideration, regardless of its geographic location ….

(16)

In the Gerald B. H. Solomon Freedom Consolidation Act of 2002 (Public Law 107–187; 22 U.S.C. 1928 note), Congress endorsed the vision of further enlargement of the NATO Alliance articulated by President George W. Bush on June 15, 2001, and by former President William J. Clinton on October 22, 1996.

(17)

At the Prague Summit of the North Atlantic Treaty Organization in November 2002, Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia were invited to join the Alliance in the second round of enlargement of the North Atlantic Treaty Organization since the end of the Cold War, and the North Atlantic Treaty Organization Heads of State and Government issued a declaration stating, NATO's door will remain open to European democracies willing and able to assume the responsibilities and obligations of membership, in accordance with Article 10 of the Washington Treaty..

(18)

On May 8, 2003, the Senate unanimously approved the resolution of advice and consent to ratification of the Protocols to the North Atlantic Treaty of 1949 on Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia, inviting Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia (Treaty Document 108–4), inviting those countries to join the North Atlantic Treaty Organization.

(19)

At the Istanbul Summit of the North Atlantic Treaty Organization in June 2004, the North Atlantic Treaty Organization Heads of State and Government issued a communique reaffirming that NATO's door remains open to new members, declaring, We celebrate the success of NATO's Open Door Policy, and reaffirm today that our seven new members will not be the last. The door to membership remains open. We welcome the progress made by Albania, Croatia, and the former Yugoslav Republic of Macedonia(1) in implementing their Annual National Programmes under the Membership Action Plan, and encourage them to continue pursuing the reforms necessary to progress toward NATO membership. We also commend their contribution to regional stability and cooperation. We want all three countries to succeed and will continue to assist them in their reform efforts. NATO will continue to assess each country's candidacy individually, based on the progress made towards reform goals pursued through the Membership Action Plan, which will remain the vehicle to keep the readiness of each aspirant for membership under review. We direct that NATO Foreign Ministers keep the enlargement process, including the implementation of the Membership Action Plan, under continual review and report to us. We will review at the next Summit progress by aspirants towards membership based on that report..

(20)

At the Riga Summit of the North Atlantic Treaty Organization in November 2006, the Heads of State and Government of the member countries of NATO issued a declaration reaffirming that NATO's door remains open to new members, declaring, [A]ll European democratic countries may be considered for MAP (Membership Action Plan) or admission, subject to decision by the NAC (North Atlantic Council) at each stage, based on the performance of these countries towards meeting the objectives of the North Atlantic Treaty. We direct that NATO Foreign Ministers keep that process under continual review and report to us. We welcome the efforts of Albania, Croatia, and the former Yugoslav Republic of Macedonia to prepare themselves for the responsibilities and obligations of membership. We reaffirm that the Alliance will continue with Georgia and Ukraine its Intensified Dialogues which cover the full range of political, military, financial and security issues relating to those countries' aspirations to membership, without prejudice to any eventual Alliance decision. We reaffirm the importance of the NATO-Ukraine Distinctive Partnership, which has its 10th anniversary next year and welcome the progress that has been made in the framework of our Intensified Dialogue. We appreciate Ukraine's substantial contributions to our common security, including through participation in NATO-led operations and efforts to promote regional cooperation. We encourage Ukraine to continue to contribute to regional security. We are determined to continue to assist, through practical cooperation, in the implementation of far-reaching reform efforts, notably in the fields of national security, defence, reform of the defence-industrial sector and fighting corruption. We welcome the commencement of an Intensified Dialogue with Georgia as well as Georgia's contribution to international peacekeeping and security operations. We will continue to engage actively with Georgia in support of its reform process. We encourage Georgia to continue progress on political, economic and military reforms, including strengthening judicial reform, as well as the peaceful resolution of outstanding conflicts on its territory. We reaffirm that it is of great importance that all parties in the region should engage constructively to promote regional peace and stability..

(21)

In the NATO Freedom Consolidation Act of 2007 (Public Law 110–17; 22 U.S.C. 1928 note), Congress designated Albania, Croatia, Georgia, the Republic of Macedonia, and Ukraine eligible to receive assistance under the NATO Participation Act of 1994 and expressed support for qualified candidate states, specifically by entering into a Membership Action Plan with Georgia and recognizing the progress toward meeting the responsibilities and obligations of NATO membership by Albania, Croatia, Georgia, the Republic of Macedonia, and Ukraine.

(22)

At the Bucharest Summit of the North Atlantic Treaty Organization in April 2008, the Heads of State and Government of the member countries of NATO declared, NATO’s ongoing enlargement process has been an historic success in advancing stability and cooperation and bringing us closer to our common goal of a Europe whole and free, united in peace, democracy and common values. NATO’s door will remain open to European democracies willing and able to assume the responsibilities and obligations of membership, in accordance with Article 10 of the Washington Treaty. We reiterate that decisions on enlargement are for NATO itself to make..

(23)

At the Bucharest Summit of the North Atlantic Treaty Organization in April 2008, the Heads of State and Government of the member countries of NATO declared, NATO welcomes Ukraine’s and Georgia’s Euro-Atlantic aspirations for membership in NATO. We agreed today that these countries will become members of NATO. Both nations have made valuable contributions to Alliance operations..

(24)

The Bucharest Declaration also stated, [W]e have decided to invite Albania and Croatia to begin accession talks to join our Alliance. We congratulate these countries on this historic achievement, earned through years of hard work and a demonstrated commitment to our common security and NATO’s shared values..

(25)

On September 25, 2008, the Senate approved the Resolution Advising and Consenting to Ratification of the Protocols to the North Atlantic Treaty of 1949 on Accession of Albania and Croatia (Treaty Document 110–20), inviting Croatia and Albania to join the North Atlantic Treaty Organization.

(26)

At the Strasbourg/Kehl NATO Summit, the Heads of State and Government participating in the meeting of the North Atlantic Council on April 4, 2009, reiterated that [i]n accordance with Article 10 of the Washington Treaty, NATO's door will remain open to all European democracies which share the values of our Alliance, which are willing and able to assume the responsibilities and obligations of membership, and whose inclusion can contribute to common security and stability.

(27)

On April 4, 2009, at the Strasbourg/Kehl NATO Summit, President Barack Obama stated, I'd also like to note that as we welcome Albania and Croatia to NATO, this will not be the last time that we have such a celebration, and I look forward to the day when we can welcome Macedonia to the Alliance. The door to membership will remain open for other countries that meet NATO's standards and can make a meaningful contribution to allied security..

(28)

At the Lisbon Summit of the North Atlantic Treaty Organization in November 2010, the Heads of State and Government of the member countries of NATO declared, NATO’s door will remain open to all European democracies which share the values of our Alliance, which are willing and able to assume the responsibilities and obligations of membership, which are in a position to further the principles of the Treaty, and whose inclusion can contribute to the security of the North Atlantic area..

(29)

The Lisbon Declaration of November 2010 included the following statements:

(A)

We reiterate the agreement at our 2008 Bucharest Summit to extend an invitation to the former Yugoslav Republic of Macedonia as soon as a mutually acceptable solution to the name issue has been reached within the framework of the UN, and urge intensified efforts towards that end..

(B)

We welcome the considerable progress that Montenegro has made on its road to Euro-Atlantic integration and its contribution to security in the region and beyond, including through its participation in ISAF. Its active engagement in the Membership Action Plan (MAP) process demonstrates Montenegro's firm commitment to join the Alliance..

(C)

We fully support the membership aspiration of Bosnia and Herzegovina..

(D)

We welcome, and continue to support, the Government of Serbia’s stated commitment to Serbia's Euro-Atlantic integration..

(E)

At the 2008 Bucharest Summit we agreed that Georgia will become a member of NATO and we reaffirm all elements of that decision, as well as subsequent decisions..

(F)

A stable, democratic and economically prosperous Ukraine is an important factor for Euro-Atlantic security..

(30)

The Republic of Macedonia should not have been denied NATO Membership in 2008.

(31)

Bosnia and Herzegovina, Georgia, the Republic of Macedonia, and Montenegro have expressed a clear national intent to join NATO and should therefore be granted Membership Action Plans.

(32)

The Governments of Bosnia and Herzegovina, Georgia, the Republic of Macedonia, and Montenegro have met the basic standards for accession (even as specific defense reforms continue) and displayed their willingness and ability to meet the responsibilities of membership in the North Atlantic Treaty Organization, and the accession of these countries, as well as continued development of cooperation with other Partnership for Peace members, would benefit security and stability in Europe and advance United States national security interests.

(33)

The NATO Lisbon Declaration of 2010 also enshrined NATO’s commitment to territorial missile defense, stating, The threat to NATO European populations, territory and forces posed by the proliferation of ballistic missiles is increasing. As missile defence forms part of a broader response to counter this threat, we have decided that the Alliance will develop a missile defence capability to pursue its core task of collective defence..

(34)

Political support for missile defense as a NATO mission will be strongest if the costs and benefits are broadly shared throughout the Alliance, including through greater European financial and industrial contributions to the missile defense mission.

(35)

The NATO Lisbon Declaration reaffirmed the Alliance commitment to fund NATO operations at adequate levels, stating, We reaffirm our resolve to continue to provide the resources, including the forces and capabilities required to perform the full range of Alliance missions. … We are determined to pursue reform and defence transformation and continue to make our forces more deployable, sustainable, interoperable, and thus more usable..

3.

Statement of policy

(a)

Enlargement

It is the policy of the United States—

(1)

to continue to foster the creation of a Europe whole, free, and at peace;

(2)

to support the right of every nation of Europe to choose its own defense alliances and security relationships;

(3)

to reject the notion of privileged spheres of influence;

(4)

to continue to strongly support an open door policy with respect to the accession of additional countries to the North Atlantic Treaty Organization, including the NATO aspirant nations of Bosnia and Herzegovina, Georgia, the Republic of Macedonia, and Montenegro;

(5)

to continue to provide assistance to countries aspiring to accede to, or deepen relationships with, NATO in terms of providing training, defense planning assistance, military exchanges, and security assistance; and

(6)

to continue to advocate these goals within the NATO alliance and encourage the accession to NATO of all aspirant nations, including Bosnia and Herzegovina, Georgia, the Republic of Macedonia, and Montenegro.

(b)

Deterrence

With respect to United States forward deployed nuclear weapons in Europe, the policy of the United States will be guided by the following principles:

(1)

As long as nuclear weapons exist, NATO will remain a nuclear alliance.

(2)

The presence of nuclear weapons of the United States in Europe—combined with NATO's unique nuclear sharing arrangements under which non-nuclear members participate in nuclear planning and possess specially configured aircraft capable of delivering nuclear weapons—contributes to the cohesion of NATO and provides reassurance to allies and partners who feel exposed to regional threats and a tool in dealing with neighboring states hostile to NATO.

(3)

The United States should pursue negotiations with the Russian Federation aimed at the reduction of Russian deployed and nondeployed, nonstrategic nuclear forces.

(4)

Nonstrategic nuclear weapons should be considered when weighing the balance of the nuclear forces of the United States and the Russian Federation.

(5)

Any geographical relocation or storage of nonstrategic nuclear weapons by the Russian Federation does not constitute a reduction or elimination of such weapons.

(6)

The vast advantage of the Russian Federation in nonstrategic nuclear weapons constitutes a threat to the United States and its allies and a growing asymmetry in Western Europe.

(c)

NATO missile defense

It is the policy of the United States that—

(1)

the European Phased Adaptive Approach (EPAA) is a United States program to support NATO’s mission of territorial defense against ballistic missile attack;

(2)

the United States will continue to implement and fund, with financial support of allies, all four phases of the EPAA, consistent with President Obama's letter to the Senate on December 18, 2010;

(3)

the United States will continue to seek further allied contributions to this mission (including radars, sensors, interceptors, and financial support), in addition to European commitments regarding NATO’s Active Layered Theater Ballistic Missile Defense (ALTBMD); and

(4)

broad allied burden and risk sharing for the NATO territorial missile defense mission will be critical to its long-term viability and success.

(d)

Smart defense

It is the policy of the United States—

(1)

to seek defense efficiencies where possible to ensure that the NATO alliance is effective and efficient, including elements of greater specialization, prioritization, and cooperation (pooling and sharing); and

(2)

to nonetheless press NATO allies to reduce the defense gap with the United States by equipping themselves with capabilities that are deemed to be critical, deployable, and sustainable, to meet the agreed upon benchmark of spending at least 2 percent of Gross Domestic Product (GDP) on defense, and to demonstrate political determination to achieve these goals.

4.

Sense of Congress

It is the sense of Congress that, at the Chicago Summit of the North Atlantic Treaty Organization in May 2012, the President should lead NATO efforts—

(1)

to ensure that enlargement remains a priority;

(2)

to grant or provide a clear roadmap for the granting of a NATO Membership Action Plan (or other equivalent plan) to Georgia and Bosnia and Herzogovina; and

(3)

to invite, or provide a clear roadmap for inviting, the Republic of Macedonia and Montenegro to join NATO.

5.

Designation of Bosnia and Herzegovina and Montenegro as eligible to receive assistance under the NATO Participation Act of 1994

(a)

Bosnia and herzegovina

(1)

In general

Bosnia and Herzegovina is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994 (title II of Public Law 103–447; 22 U.S.C. 1928 note), and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act.

(2)

Assistance to place immovable defense property under ministry of defense jurisdiction

Assistance provided pursuant to paragraph (1) shall in part be directed towards encouraging and assisting the Government of Bosnia and Herzegovina in its efforts to place all immovable defense property under the jurisdiction of the Ministry of Defense in order to fulfill the requirements to join the NATO Membership Action Plan.

(b)

Montenegro

Montenegro is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994, and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act.

6.

Authorization of security assistance to Bosnia and Herzogovina and Montenegro under the NATO Participation Act of 1994

Of the amounts made available for fiscal year 2012 under section 23 of the Arms Export Control Act (22 U.S.C. 2763), such sums as may be necessary are authorized to be appropriated for assistance to Bosnia and Herzegovina and Montenegro.

7.

Reauthorization of security assistance for countries previously designated as eligible to receive assistance under the NATO Participation Act of 1994

Of the amounts made available for fiscal year 2012 under section 23 of the Arms Export Control Act (22 U.S.C. 2763) such sums as may be necessary are authorized to be appropriated for assistance to Georgia, the Republic of Macedonia, and Ukraine.

8.

Reauthorization of programs to facilitate transition to NATO membership

Section 203 of the NATO Participation Act (Public Law 103–447; 22 U.S.C. 1928 note) is amended—

(1)

in subsection (a)—

(A)

by striking The President may establish a program and inserting the following: “The President—

(1)

may establish a program

; and

(B)

by striking pursuant to subsection (d). and inserting the following: “pursuant to subsection (d); and

(2)

shall establish and regularly update bilateral programs to assist Bosnia and Herzogovina Georgia, the Republic of Macedonia, and Montenegro to achieve full NATO membership.

;

(2)

in subsection (b)—

(A)

in paragraph (2), by striking ; and and inserting a semicolon;

(B)

in paragraph (3), by striking the period at the end and inserting a semicolon; and

(C)

by adding at the end the following new paragraphs:

(4)

bilateral exchanges of military officers;

(5)

joint assessments of defense needs upon the request of any country designated under subsection (d), including with respect to the objectives under section 1242 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81); and

(6)

sales of defense articles and services necessary to maintain sufficient territorial self-defense capabilities in accordance with every nation’s right to self-defense under Article 51 of the Charter of the United Nations.

;

(3)

in subsection (c)—

(A)

by striking paragraph (5);

(B)

by redesignating paragraphs (2), (3), (4), (6), and (7) as paragraphs (3), (4), (6), (9), and (11), respectively;

(C)

by inserting after paragraph (1) the following new paragraph:

(2)

The transfer of nonlethal excess defense articles under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), without regard to the restriction in subsection (a) of such section (relating to the justification of the foreign military financing program for the fiscal year in which a transfer is authorized).

;

(D)

by inserting after paragraph (4), as redesignated by subparagraph (B), the following new paragraph:

(5)

Approval of commercial export sales under the Arms Export Control Act.

;

(E)

by inserting after paragraph (6), as redesignated by subparagraph (B), the following new paragraphs:

(7)

Nonproliferation, Anti-Terrorism, Demining, and Related Programs assistance.

(8)

Assistance under section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291; relating to international narcotics control and law enforcement).

; and

(F)

by inserting after paragraph (9), as redesignated by subparagraph (B), the following new paragraph:

(10)

Military assistance under section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 2456).

; and

(4)

by inserting at the end the following new subsection:

(h)

Ukraine

The programs established under subsection (a) shall not inhibit security cooperation in terms of interoperability, training, reform, joint exercises, and bilateral exchanges with nations previously designated as eligible to receive security assistance under this Act but no longer expressing a national intent to join the NATO Alliance.

.

9.

Priority delivery of excess defense articles

Notwithstanding any other provision of law, the provision and delivery of excess defense articles to Bosnia and Herzegovina, Georgia, the Republic of Macedonia, and Montenegro under the authority of paragraphs (1) and (2) of section 203(c) of the NATO Participation Act of 1994 (Public Law 103–447; 22 U.S.C. 1928 note), as amended by section 8, and section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) shall be given priority to the maximum extent practicable.

10.

Report required

(a)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall provide to the Committee on Foreign Relations and the Committee on Armed Services of the Senate and the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives a report on NATO accession.

(b)

Content

The report required under subsection (a) shall include the following elements:

(1)

A description of all assistance provided under the programs established under section 203(a) of the NATO Participation Act of 1994 (Public Law 103–447; 22 U.S.C. 1928 note), as amended by section 7, or otherwise provided by the United States Government to facilitate the transition to full NATO membership of Bosnia and Herzegovina, Georgia, the Republic of Macedonia, Montenegro, and other countries designated pursuant to section 203(d) of the NATO Participation Act of 1994 (Public Law 103–447; 22 U.S.C. 1928 note).

(2)

A description of United States diplomatic efforts currently underway or anticipated to facilitate an agreement between the Republic of Macedonia and Greece concerning the dispute over the official name of the Republic of Macedonia, taking into consideration the December 5, 2011, judgment by the International Court of Justice concerning the dispute.

(3)

A description of additional national steps, if any, that must be undertaken by Bosnia and Herzegovina, Georgia, the Republic of Macedonia, and Montenegro in terms of reform, doctrine, and readiness in order to meet the qualifications necessary to achieve accession to NATO.

(4)

A description of United States efforts to uphold the sovereignty and territorial integrity of Georgia.

(5)

A description of all current and projected financial and technical contributions by NATO allies to the NATO territorial missile defense mission, including all national assets that have been or will be dedicated to the NATO missile defense mission.

(c)

Form

The report shall be submitted in unclassified format and may be supplemented by a classified annex.