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(a) In General.—The President may establish a program to assist the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and other Partnership for Peace coun- tries emerging from Communist domination designated pursuant to subsection (d).
(b) Conduct of Program.—The program established under subsection (a) shall facilitate the tran- sition to full NATO membership of the countries described in such subsection by supporting and encouraging, inter alia— (1) joint planning, training, and military exercises with NATO forces; 162162 Page 163 164 159 (2) greater interoperability of military equipment, air defense systems, and command, control, and communications systems; and
(3) conformity of military doctrine. (c) Type of Assistance.—In carrying out the program established under subsection (a), the Presi- dent may provide to the countries described in such subsection the following types of security assis- tance: (1) The transfer of excess defense articles under section 516 of the Foreign Assistance Act of 1961, without regard to the restrictions in paragraphs (1) through (3) of subsection (a) of such section (relating to the eligibility of countries for such articles under such section). (2) The transfer of nonlethal excess defense articles under section 519 of the Foreign Assistance Act of 1961, without regard to the restriction in subsection (a) of such section (relating to the justifica- tion of the foreign military financing program for the fiscal year in which a transfer is authorized). (3) Assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to inter- national military education and training).(4) Assistance under section 23 of the Arms Export Control Act (relating to the “Foreign Military Financing Program”).
(d) Designation of Partnership for Peace Countries Emerging From Communist Domination.-The President may designate countries emerging from communism and participating in the Partnership for Peace, especially Poland, Hungary, the Czech Republic, and Slovakia, to receive assistance under the program established under subsection (a) if the President determines and reports to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that such countries—(1) are full and active participants in the Partnership for Peace;
(2) have made significant progress toward establishing democratic institutions, a free market economy, civilian control of their armed forces, and the rule of law;(3) are likely in the near future to be in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area; and
(4) are not selling or transferring defense articles to a state that has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j) of the Export Administration Act of 1979. (e) Notification.—At least 15 days before designating any country pursuant to subsection (d), the President shall notify the appropriate congressional committees in accordance with the procedures applicable under section 634A of the Foreign Assistance Act of 1961. (f) Determination.—It is hereby determined that Poland, Hungary, the Czech Republic, and Slo- vakia meet the criteria required in paragraphs (1), (2), and (3) of subsection (d). 163163 Page 164 165 160 SEC. 204. ADDITIONAL AUTHORITIES.
(a) Arms Export Control Act.—The President is authorized to exercise the authority of sections 63 and 65 of the Arms Export Control Act with respect to any country designated under section 203(d) of this title on the same basis authorized with respect to NATO countries. (b) Other NATO Authorities.—The President should designate any country designated under section 203(d) of this title as eligible under sections 2350c and 2350f of title 10, United States Code.(c) Sense of Congress.—It is the sense of Congress that, in the interest of maintaining stability and promoting democracy in Poland, Hungary, the Czech Republic, Slovakia, and any other Partner- ship for Peace country designated under section 203(d) of this title, those countries should be included in all activities under section 2457 of title 10, United States Code, related to the increased standardiza- tion and enhanced interoperability of equipment and weapons systems, through coordinated training and procurement activities, as well as other means, undertaken by the North Atlantic Treaty Organiza- tion members and other allied countries.
SEC. 205. REPORTING REQUIREMENT. The President shall include in the report required by section 514(a) of Public Law 103-236 (22 U.S.C. 1928 note) the following:(1) A description of all assistance provided under the program established under section 203(a), or otherwise provided by the United States Government to facilitate the transition to full NATO mem- bership of Poland, Hungary, the Czech Republic, Slovakia, and other Partnership for Peace countries emerging from Communist domination designated pursuant to section 203(d).
(2) A description, on the basis of information received from the recipients and from NATO, of all assistance provided by other NATO member nations or NATO itself to facilitate the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and other Partnership for Peace countries emerging from Communist domination designated pursuant to section 203(d).
Speaker of the House of Representatives.
Vice President of the United States and President of the Senate. 164SEC. 601. SHORT TITLE.
This title may be cited as the ’NATO Enlargement Facilitation Act of 1996’. SEC. 602. FINDINGS. The Congress makes the following findings: (1) Since 1949, the North Atlantic Treaty Organization (NATO) has played an essential role in guaranteeing the security, freedom, and prosperity of the United States and its partners in the Alliance.(2) The NATO Alliance is, and has been since its inception, purely defensive in character, and it poses no threat to any nation. The enlargement of the NATO Alliance to include as full and equal members emerging democracies in Central and Eastern Europe will serve to reinforce stability and security in Europe by fostering their integration into the structures which have created and sustained peace in Europe since 1945. Their admission into NATO will not threaten any nation. America’s security, freedom, and prosperity remain linked to the security of the countries of Europe.
(3) The sustained commitment of the member countries of NATO to a mutual defense has made possible the democratic transformation of Central and Eastern Europe. Members of the Alliance can and should play a critical role in addressing the security challenges of the post-Cold War era and in creating the stable environment needed for those emerging democracies in Central and Eastern Europe to successfully complete political and economic transformation.
(4) The United States continues to regard the political independence and territorial integrity of all emerging democracies in Central and Eastern Europe as vital to European peace and security.(5) The active involvement by the countries of Central and Eastern Europe has made the Partner- ship for Peace program an important forum to foster cooperation between NATO and those countries seeking NATO membership.
(6) NATO has enlarged its membership on 3 different occasions since 1949. (7) Congress supports the admission of qualified new members to NATO and the European Union at an early date and has sought to facilitate the admission of qualified new members into NATO.(8) Lasting security and stability in Europe requires not only the military integration of emerging democracies in Central and Eastern Europe into existing European structures, but also the eventual economic and political integration of these countries into existing European structures.
(9) As new members of NATO assume the responsibilities of Alliance membership, the costs of maintaining stability in Europe should be shared more widely. Facilitation of the enlargement process will require current members of NATO, and the United States in particular, to demonstrate the political will needed to build on successful ongoing programs such as the Warsaw Initiative and the Partnership for Peace by making available the resources necessary to supplement efforts prospective new members are themselves undertaking. 165165 Page 166 167 162 (10) New members will be full members of the Alliance, enjoying all rights and assuming all the obligations under the North Atlantic Treaty, signed at Washington on April 4, 1949 (hereafter in this Act referred to as the ’Washington Treaty’).
(11) In order to assist emerging democracies in Central and Eastern Europe that have expressed interest in joining NATO to be prepared to assume the responsibilities of NATO membership, the United States should encourage and support efforts by such countries to develop force structures and force modernization priorities that will enable such countries to contribute to the full range of NATO missions, including, most importantly, territorial defense of the Alliance. (12) Cooperative regional peacekeeping initiatives involving emerging democracies in Central and Eastern Europe that have expressed interest in joining NATO, such as the Baltic Peacekeeping Battalion, the Polish-Lithuanian Joint Peacekeeping Force, and the Polish-Ukrainian Peacekeeping Force, can make an important contribution to European peace and security and international peace- keeping efforts, can assist those countries preparing to assume the responsibilities of possible NATO membership, and accordingly should receive appropriate support from the United States.(13) NATO remains the only multilateral security organization capable of conducting effective military operations and preserving security and stability of the Euro-Atlantic region.
(14) NATO is an important diplomatic forum and has played a positive role in defusing tensions between members of the Alliance and, as a result, no military action has occurred between two Alli- ance member states since the inception of NATO in 1949. (15) The admission to NATO of emerging democracies in Central and Eastern Europe which are found to be in a position to further the principles of the Washington Treaty would contribute to inter- national peace and enhance the security of the region. Countries which have become democracies and established market economies, which practice good neighborly relations, and which have established effective democratic civilian control over their defense establishments and attained a degree of interoperability with NATO, should be evaluated for their potential to further the principles of the Washington Treaty. (16) Democratic civilian control of defense forces is an essential element in the process of prepa- ration for those states interested in possible NATO membership.(17) Protection and promotion of fundamental freedoms and human rights is an integral aspect of genuine security, and in evaluating requests for membership in NATO, the human rights records of the emerging democracies in Central and Eastern Europe should be evaluated according to their commit- ments to fulfill in good faith the human rights obligations of the Charter of the United Nations, the principles of the Universal Declaration on Human Rights, and the Helsinki Final Act.
(18) A number of Central and East European countries have expressed interest in NATO mem- bership, and have taken concrete steps to demonstrate this commitment, including their participation in Partnership for Peace activities. (19) The Caucasus region remains important geographically and politically to the future security of Central and Eastern Europe. As NATO proceeds with the process of enlargement, the United States and NATO should continue to examine means to strengthen the sovereignty and enhance the security of United Nations recognized countries in that region. 166166 Page 167 168 163 (20) In recognition that not all countries which have requested membership in NATO will neces- sarily qualify at the same pace, the accession date for each new member will vary.
(21) The provision of additional NATO transition assistance should include those emerging de- mocracies most ready for closer ties with NATO and should be designed to assist other countries meeting specified criteria of eligibility to move forward toward eventual NATO membership. (22) The Congress of the United States finds in particular that Poland, Hungary, and the Czech Republic have made significant progress toward achieving the criteria set forth in section 203(d)(3) of the NATO Participation Act of 1994 and should be eligible for the additional assistance described in this Act.(23) The evaluation of future membership in NATO for emerging democracies in Central and Eastern Europe should be based on the progress of those nations in meeting criteria for NATO mem- bership, which require enhancement of NATO’s security and the approval of all NATO members.
(24) The process of NATO enlargement entails the consensus agreement of the governments of all 16 NATO members and ratification in accordance with their constitutional procedures.(25) Some NATO members, such as Spain and Norway, do not allow the deployment of nuclear weapons in their territory although they are accorded the full collective security guarantees provided by Article 5 of the Washington Treaty. There is no a priori requirement for the stationing of nuclear weapons on the territory of new NATO members, particularly in the current security climate. How- ever, NATO retains the right to alter its security posture at any time as circumstances warrant.
SEC. 603. UNITED STATES POLICY. It is the policy of the United States— (1) to join with the NATO allies of the United States to adapt the role of the NATO Alliance in the post-Cold War world;(2) to actively assist the emerging democracies in Central and Eastern Europe in their transition so that such countries may eventually qualify for NATO membership;
(3) to support the enlargement of NATO in recognition that enlargement will benefit the interests of the United States and the Alliance and to consider these benefits in any analysis of the costs of NATO enlargement; (4) to ensure that all countries in Central and Eastern Europe are fully aware of and capable of assuming the costs and responsibilities of NATO membership, including the obligation set forth in Article 10 of the Washington Treaty that new members be able to contribute to the security of the North Atlantic area; and(5) to work to define a constructive and cooperative political and security relationship between an enlarged NATO and the Russian Federation. 167
167 Page 168 169 164 SEC. 604. SENSE OF THE CONGRESS REGARDING FURTHER ENLARGEMENT OF NATO.
It is the sense of the Congress that in order to promote economic stability and security in Slovakia, Estonia, Latvia, Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine—
(1) the United States should continue and expand its support for the full and active participation of these countries in activities appropriate for qualifying for NATO membership;
(2) the United States Government should use all diplomatic means available to press the Euro- pean Union to admit as soon as possible any country which qualifies for membership; (3) the United States Government and the North Atlantic Treaty Organization should continue and expand their support for military exercises and peacekeeping initiatives between and among these nations, nations of the North Atlantic Treaty Organization, and Russia; and (4) the process of enlarging NATO to include emerging democracies in Central and Eastern Eu- rope should not be limited to consideration of admitting Poland, Hungary, the Czech Republic, and Slovenia as full members of the NATO Alliance. SEC. 605. SENSE OF THE CONGRESS REGARDING ESTONIA, LATVIA AND LITHUANIA.In view of the forcible incorporation of Estonia, Latvia, Lithuania into the Soviet Union in 1940 under the Molotov-Ribbentrop Pact and the refusal of the United States and other countries to recognize that incorporation for over 50 years, it is the sense of the Congress that—
(1) Estonia, Latvia, and Lithuania have valid historical security concerns that must be taken into account by the United States; and(2) Estonia, Latvia, and Lithuania should not be disadvantaged in seeking to join NATO by virtue of their forcible incorporation into the Soviet Union.
SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO ENLARGEMENT ASSISTANCE.(a) IN GENERAL—The following countries are designated as eligible to receive assistance un- der 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: Poland, Hungary, and the Czech Republic.
(b) DESIGNATION OF SLOVENIA—Effective 90 days after the date of enactment of this Act, Slovenia 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 pursu- ant to section 203(d) of such Act, unless the President certifies to Congress prior to such effective date that Slovenia fails to meet the criteria under section 203(d)(3) of such Act. 168
168 Page 169 170 165 (c) DESIGNATION OF OTHER COUNTRIES.—The President shall designate other emerging democracies in Central and Eastern Europe as eligible to receive assistance under the program estab- lished under section 203(a) of such Act if such countries-
(1) have expressed a clear desire to join NATO; (2) have begun an individualized dialogue with NATO in preparation for accession; (3) are strategically significant to an effective NATO defense; and (4) meet the other criteria outlined in section 203(d)(3) of the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note).(d) RULE OF CONSTRUCTION- Nothing in this section precludes the designation by the Presi- dent of Estonia, Latvia, Lithuania, Romania, Slovakia, Bulgaria, Albania, Moldova, Ukraine, or any other emerging democracy in Central and Eastern Europe pursuant to section 203(d) of the NATO Participation Act of 1994 as eligible to receive assistance under the program established under section 203(a) of such Act. SEC. 607. AUTHORIZATION OF APPROPRIATIONS FOR NATO ENLARGEMENT ASSISTANCE.
(a) IN GENERAL- There are authorized to be appropriated $60,000,000 for fiscal year 1997 for the program established under section 203(a) of the NATO Participation Act of 1994.
(b) AVAILABILITY- Of the funds authorized to be appropriated by subsection (a)-
(1) not less than $20,000,000 shall be available for the cost, as defined in section 502(5) of the Credit Reform Act of 1990, of direct loans pursuant to the authority of section 203(c)(4) of the NATO Participation Act of 1994 (relating to the ’Foreign Military Financing Program’); (2) not less than $30,000,000 shall be available for assistance on a grant basis pursuant to the authority of section 203(c)(4) of the NATO Participation Act of 1994 (relating to the ’Foreign Military Financing Program’); and (3) not more than $10,000,000 shall be available for assistance pursuant to the authority of section 203(c)(3) of the NATO Participation Act of 1994 (relating to international military education and training). (c) RULE OF CONSTRUCTION- Amounts authorized to be appropriated under this section are authorized to be appropriated in addition to such amounts as otherwise may be available for such purposes. SEC. 608. REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR PEACE INFORMATION MANAGEMENT SYSTEM.(a) IN GENERAL- To the extent provided in advance in appropriations acts for such purposes, funds described in subsection (b) are authorized to be made available to support the implementation of 169
169 Page 170 171 166 the Regional Airspace Initiative and the Partnership for Peace Information Management System, in- cluding—
(1) the procurement of items in support of these programs; and (2) the transfer of such items to countries participating in these programs. (b) FUNDS DESCRIBED—Funds described in this subsection are funds that are available— (1) during any fiscal year under the NATO Participation Act of 1994 with respect to countries eligible for assistance under that Act; or(2) during fiscal year 1997 under any Act to carry out the Warsaw Initiative.
SEC. 609. EXCESS DEFENSE ARTICLES. (a) PRIORITY DELIVERY—Notwithstanding any other provision of law, the delivery of excess defense articles under the authority of section 203(c) (1) and (2) of the NATO Participation Act of 1994 and section 516 of the Foreign Assistance Act of 1961 shall be given priority to the maximum extent feasible over the delivery of such excess defense articles to all other countries except those countries referred to in section 541 of the Foreign Operations, Export Financing, and Related Pro- grams Appropriations Act, 1995 (Public Law 103-306; 108 Stat. 1640).(b) COOPERATIVE REGIONAL PEACEKEEPING INITIATIVES- The Congress encourages the President to provide excess defense articles and other appropriate assistance to cooperative re- gional peacekeeping initiatives involving emerging democracies in Central and Eastern Europe that have expressed an interest in joining NATO in order to enhance their ability to contribute to European peace and security and international peacekeeping efforts.
SEC. 610. MODERNIZATION OF DEFENSE CAPABILITY. The Congress endorses efforts by the United States to modernize the defense capability of Po- land, Hungary, the Czech Republic, Slovenia, and any other countries designated by the President pursuant to section 203(d) of the NATO Participation Act of 1994, by exploring with such countries options for the sale or lease to such countries of weapons systems compatible with those used by NATO members, including air defense systems, advanced fighter aircraft, and telecommunications infrastructure.SEC. 611. TERMINATION OF ELIGIBILITY.
(a) TERMINATION OF ELIGIBILITY—The eligibility of a country designated pursuant to sub- section (a) or (b) of section 606 or pursuant to section 203(d) of the NATO Participation Act of 1994 may be terminated upon a determination by the President that such country does not meet the criteria set forth in section 203(d)(3) of the NATO Participation Act of 1994.(b) NOTIFICATION—At least 15 days before terminating the eligibility of any country pursuant to subsection (a), the President shall notify the congressional committees specified in section 634A of the Foreign Assistance Act of 1961 in accordance with the procedures applicable to reprogramming notifications under that section. 170
170 Page 171 172 167 SEC. 612. CONFORMING AMENDMENTS TO THE NATO PARTICIPATION ACT.
The NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note) is amended in sections 203(a), 203(d)(1), and 203(d)(2) by striking ‘countries emerging from Commu- nist domination’ each place it appears and inserting ’emerging democracies in Central and Eastern Europe’. 171H.Con.Res. 10 (Solomon) A concurrent resolution recommending the integration of Estonia, Latvia, and Lithuania into the North Atlantic Treaty Organization.
S.Con.Res. 5 (Roth): A concurrent resolution expressing the sense of Congress that the extension of membership in the North Atlantic Treaty of 1949 to certain democracies of Central and Eastern Europe is essential to the consolidation of enduring peace and stability in Europe.
H.Con.Res. 53 (Solomon) A concurrent resolution encouraging and expediting the integration of Romania at the earliest stage into the North Atlantic Treaty Organization (NATO).
H.R.1431 (Gilman) A bill to ensure that the enlargement of the North Atlantic Treaty Organization (NATO) proceeds in a manner consistent with United States interests, to strengthen relations between the United States and Russia, to preserve the prerogatives of the Congress with respect to certain arms control agreements, and for other purposes.
S.Con.Res. 29 (Gorton) A concurrent resolution recommending the integration of Estonia, Latvia, and Lithuania into the North Atlantic Treaty Organization. 172