NATO Enlargement Facilitation Act of 1996

Summary: NATO Enlargement Facilitation Act of 1996 - Declares that it should be the policy of the United States to:  (1) assist the transition to full membership in the North Atlantic Treaty Organization (NATO) of emerging democracies in Central and Eastern Europe; and (2) work to construct a political and security relationship between an enlarged NATO and the Russian Federation. 
Expresses the sense of the Congress that in order to promote security in Estonia, Latvia, Lithuania, Slovenia, Slovakia, Bulgaria, Romania, Albania, Moldova, and Ukraine:  (1) the United States should support the full and active participation of these countries in activities that will qualify them for NATO membership; (2) the U.S. Government should press the European Union to admit as soon as possible any country qualifying for membership; and (3) the United States and NATO should support military and peacekeeping initiatives between and among such countries, NATO countries, and Russia. 
Designates Poland, Hungary, and the Czech Republic as eligible to receive certain assistance for transition to full membership in NATO. Requires the President to designate as eligible for such assistance other emerging democracies in Central and Eastern Europe that meet specified criteria. 
Authorizes appropriations for NATO enlargement assistance. 
Declares that the transfer of excess defense articles to countries intending to participate in NATO (including countries of NATO's southern flank) shall be given priority, to the maximum extent feasible, over the delivery of such articles to other countries, except certain countries specified under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995. 
Amends the NATO Participation Act of 1994 to establish a presidential and congressional procedure for termination of eligibility for assistance for Partnership for Peace countries which: (1) no longer meet certain eligibility criteria; (2) are hostile to the NATO alliance; or (3) pose a national security threat to the United States.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``NATO Enlargement Facilitation Act of 
1996''.

SEC. 2. 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 does 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 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) NATO has enlarged its membership on 3 different 
        occasions since 1949.
            (5) Congress has sought to facilitate the further 
        enlargement of NATO at an early date by enacting the NATO 
        Participation Act of 1994 (title II of Public Law 103-447; 22 
        U.S.C. 1928 note) and the NATO Participation Act Amendments of 
        1995 (section 585 of Public Law 104-107).
            (6) As new members of NATO assume the responsibilities of 
        Alliance membership, the costs of maintaining stability in 
        Europe will 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.
            (7) New members will be full members of the Alliance, 
        enjoying all rights and assuming all the obligations under the 
        Washington Treaty.
            (8) 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 peacekeeping efforts, assist those 
        countries preparing to assume the responsibilities of possible 
NATO membership, and accordingly should receive appropriate support 
from the United States.
            (9) 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.
            (10) NATO remains the only multilateral security 
        organization capable of conducting effective military 
        operations and preserving security and stability of the Euro-
        Atlantic region.
            (11) 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 Alliance member states since the inception of NATO 
        in 1949.
            (12) The admission to NATO of emerging democracies in 
        Central and Eastern Europe that meet specific criteria for NATO 
        membership would contribute to international peace and enhance 
        the security of the region.
            (13) A number of Eastern European countries have expressed 
        interest in NATO membership, and have taken concrete steps to 
        demonstrate this commitment; including their participation in 
        Partnership for Peace activities.
            (14) In recognition that not all countries which have 
        requested membership in NATO will necessarily qualify at the 
        same pace, the accession date for each new member will vary.
            (15) The eventual membership of Austria, Finland, and 
        Sweden is fully expected and is not precluded by this Act.
            (16) The provision of additional NATO transition assistance 
        should include those emerging democracies 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.
            (17) The Congress of the United States finds that Poland, 
        Hungary, and the Czech Republic have made the most progress 
        toward achieving the stated criteria and should be eligible for 
        the additional assistance described in this bill.
            (18) 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 membership, which require enhancement of NATO's security 
        and the approval of all NATO members.

SEC. 3. UNITED STATES POLICY.

    It should be the policy of the United States--
            (1) to join with the NATO allies of the United States to 
        redefine 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; and
            (3) to work to define a constructive and cooperative 
        political and security relationship between an enlarged NATO 
        and the Russian Federation.

SEC. 4. SENSE OF THE CONGRESS.

    It is the sense of the Congress that in order to promote economic 
stability and security in Estonia, Latvia, Lithuania, Slovenia, 
Slovakia, Bulgaria, Romania, Albania, Moldova, and Ukraine--
            (1) the United States should support 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 European Union to admit as soon as 
        possible any country which qualifies for membership; and
            (3) the United States Government and the North Atlantic 
        Treaty Organization should support military exercises and 
        peacekeeping initiatives between and among these nations, 
        nations of the North Atlantic Treaty Organization, and Russia.

SEC. 5. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO ENLARGEMENT 
              ASSISTANCE.

    (a) In General.--The following countries are designated as eligible 
to receive assistance under the program established under section 
203(a) of the NATO Participation Act of 1994: Poland, Hungary, and the 
Czech Republic.
    (b) Designation of Other Countries.--The President shall designate 
other emerging democracies in Central and Eastern Europe as eligible to 
receive assistance under the program established 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) have met the other criteria outlined in section 203(d) 
        of the NATO Participation Act of 1994 (title II of Public Law 
        103-447; 22 U.S.C. 1928 note).
    (c) Rule of Construction.--Subsection (a) does not preclude the 
designation by the President of Slovakia, Estonia, Latvia, Lithuania, 
Romania, Slovenia, 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. 6. 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) $20,000,000 shall be available for the subsidy 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 and section 23 of the Arms 
        Export Control Act (relating to the ``Foreign Military 
        Financing Program'');
            (2) $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 and section 23 of the Arms 
        Export Control Act (relating to the ``Foreign Military 
        Financing Program''); and
            (3) $10,000,000 shall be available for assistance pursuant 
        to the authority of section 203(c)(3) of the NATO Participation 
        Act of 1994 and chapter 5 of part II of the Foreign Assistance 
        Act of 1961 (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. 7. EXCESS DEFENSE ARTICLES.

    (a) Priority Delivery.--Notwithstanding any other provision of law, 
the provision and 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 provision and 
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 Programs 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 regional 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. 8. MODERNIZATION OF DEFENSE CAPABILITY.

    The Congress endorses efforts by the United States to modernize the 
defense capability of Poland, Hungary, the Czech Republic, and any 
other countries designed 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. 9. TERMINATION OF ELIGIBILITY.

    (a) In General.--Section 203(f) of the NATO Participation Act of 
1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note) is amended 
to read as follows:
    ``(f) Termination of Eligibility.--(1) The eligibility of a country 
designated under subsection (d) for the program established in 
subsection (a) shall terminate 60 days after the President makes a 
certification under paragraph (2) unless, within the 60-day period, the 
Congress enacts a joint resolution disapproving the termination of 
eligibility.
    ``(2) Whenever the President determines that the government of a 
country designated under subsection (d)--
            ``(A) no longer meets the criteria set forth in subsection 
        (d)(2)(A);
            ``(B) is hostile to the NATO Alliance; or
            ``(C) poses a national security threat to the United 
        States,
then the President shall so certify to the appropriate congressional 
committees.
    ``(3) Nothing in this Act affects the eligibility of countries to 
participate under other provisions of law in programs described in this 
Act.''.
    (b) Congressional Priority Procedures.--Section 203 of such Act is 
amended by adding at the end the following new subsection:
    ``(g) Congressional Priority Procedures.--
            ``(1) Applicable procedures.--A joint resolution described 
        in paragraph (2) which is introduced in a House of Congress 
        shall be considered in accordance with the procedures set forth 
        in paragraphs (3) through (7) of section 8066(c) of the 
        Department of Defense Appropriations Act, 1985 (as contained in 
        Public Law 98-473; 98 Stat. 1936), except that--
                    ``(A) references to the `resolution described in 
                paragraph (1)' shall be deemed to be references to the 
                joint resolution; and
                    ``(B) references to the Committee on Appropriations 
                of the House of Representatives and the Committee on 
                Appropriations of the Senate shall be deemed to be 
                references to the Committee on International Relations 
                of the House of Representatives and the Committee on 
                Foreign Relations of the Senate, respectively.
            ``(2) Text of joint resolution.--A joint resolution under 
        this paragraph is a joint resolution the matter after the 
        resolving clause of which is as follows: `That the Congress 
        disapproves the certification submitted by the President on 
        __________ pursuant to section 203(f) of the NATO Participation 
        Act of 1994.'.''.

SEC. 10. AMENDMENTS TO THE NATO PARTICIPATION ACT.

    (a) Conforming Amendment.--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 communist domination'' each place it appears and 
inserting ``emerging democracies in Central and Eastern Europe''.
    (b) Definitions.--The NATO Participation Act of 1994 (title II of 
Public Law 103-446; 22 U.S.C. 1928 note) is amended by adding at the 
end the following new section:

``SEC. 206. DEFINITIONS.

    ``The term `emerging democracies in Central and Eastern Europe' 
includes, but is not limited to, Albania, Bulgaria, the Czech Republic, 
Estonia, Hungary, Latvia, Lithuania, Moldova, Poland, Romania, 
Slovakia, Slovenia, and Ukraine.''.

SEC. 11. DEFINITIONS.

    As used in this Act:
            (1) Emerging democracies in central and eastern europe.--
        The term ``emerging democracies in Central and Eastern Europe'' 
        includes, but is not limited to, Albania, Bulgaria, the Czech 
        Republic, Estonia, Hungary, Latvia, Lithuania, Moldova, Poland, 
        Romania, Slovakia, Slovenia, and Ukraine.
            (2) NATO.--The term ``NATO'' means the North Atlantic 
        Treaty Organization.