II 

112TH CONGRESS 

2D SESSION S. 2177 

To strengthen the North Atlantic Treaty Organization. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2012 

Mr. LUGAR introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL 

To strengthen the North Atlantic Treaty Organization. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘NATO Enhancement 

5 Act of 2012’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The sustained commitment of the North At9 lantic Treaty Organization (NATO) to mutual de10 fense has made possible the democratic trans11 formation of Central and Eastern Europe. 


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1 (2) Lasting stability and security in Europe re2 quires the further military, economic, and political 

3 integration of emerging democracies into existing 

4 European and transatlantic structures. 

5 (3) NATO is not directed against any single ad6 versary and must continue to develop close partner7 ships with non-member nations. 

8 (4) In an era of threats from terrorism and the 

9 proliferation of weapons of mass destruction, the 

10 North Atlantic Treaty Organization has effectively 

11 adapted its mission and responded to new threats 

12 and challenges. 

13 (5) NATO is currently involved in several oper14 ations benefiting United States national security, in15 cluding the International Security and Assistance 

16 Force (ISAF) for Afghanistan, NATO’s Kosovo 

17 Force (KFOR), the anti-piracy Operation Active En18 deavor in the Mediterranean Sea, anti-piracy Oper19 ation Ocean Shield off the Horn of Africa, support 

20 for African Union missions, as well as the completed 

21 missions of Operation Unified Protector in Libya in 

22 2011, the Implementation (IFOR) and Stabilization 

23 Forces (SFOR) in Bosnia and Herzegovina, Oper24 ation Essential Harvest in Macedonia, training of 

25 Iraqi security forces, and humanitarian missions 


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1 after Hurricane Katrina, in Darfur, and in Paki2 stan. 

3 (6) NATO serves as a force multiplier, whose 

4 command structures, training institutions, and mul5 tilateral exercises have generated unprecedented 

6 multinational contributions to United States na7 tional security priorities and enabled European sol8 diers to fight side-by-side with members of the 

9 United States Armed Forces. 

10 (7) NATO is a community of democracies that 

11 can act collectively to promote freedom, stability, 

12 and peace around the globe. 

13 (8) Allies who have recently acceded to NATO, 

14 as well as partner nations such as Bosnia and 

15 Herzegovina, Georgia, the Republic of Macedonia, 

16 and Montenegro are among the highest per capita 

17 contributors to NATO missions. 

18 (9) Members of the United States Armed 

19 Forces and NATO forces have provided tremendous 

20 sacrifice on behalf of the freedom and security of the 

21 NATO alliance, and those soldiers who have per22 ished fighting on behalf of the Western alliance 

23 should be forever remembered for their ultimate sac24 rifice. 


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1 (10) In the NATO Participation Act of 1994 

2 (title II of Public Law 103–447; 22 U.S.C. 1928 

3 note), Congress declared that ‘‘full and active par4 ticipants in the Partnership for Peace in a position 

5 to further the principles of the North Atlantic Trea6 ty and to contribute to the security of the North At7 lantic area should be invited to become full NATO 

8 members in accordance with Article 10 of such 

9 Treaty at an early date’’. 

10 (11) In the NATO Enlargement Facilitation 

11 Act of 1996 (22 U.S.C. 1928 note 110 Stat. 3009– 

12 173), Congress called for the prompt admission of 

13 Poland, Hungary, the Czech Republic, and Slovenia 

14 to the North Atlantic Treaty Organization, and de15 clared that ‘‘in order to promote economic stability 

16 and security in Slovakia, Estonia, Latvia, Lithuania, 

17 Romania, Bulgaria, Albania, Moldova, and Ukraine 

18 . . . the process of enlarging NATO to include 

19 emerging democracies in Central and Eastern Eu20 rope should not be limited to consideration of admit21 ting Poland, Hungary, the Czech Republic, and Slo22 venia as full members of the NATO Alliance’’. 

23 (12) At the Madrid Summit of the North Atlan24 tic Treaty Organization in July 1997, Poland, Hun25 gary, and the Czech Republic were invited to join 


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1 the Alliance, and the North Atlantic Treaty Organi2 zation Heads of State and Government issued a dec3 laration stating, ‘‘The alliance expects to extend fur4 ther invitations in coming years to nations willing 

5 and able to assume the responsibilities and obliga6 tions of membership . . . No European democratic 

7 country whose admission would fulfill the objectives 

8 of the [North Atlantic] Treaty will be excluded from 

9 consideration.’’. 

10 (13) In the European Security Act of 1998 (22 

11 U.S.C. 1928 note; 112 Stat. 2681–839), Congress 

12 declared that ‘‘Poland, Hungary, and the Czech Re13 public should not be the last emerging democracies 

14 in Central and Eastern Europe invited to join 

15 NATO’’ and that ‘‘Romania, Estonia, Latvia, Lith16 uania, and Bulgaria . . . would make an outstanding 

17 contribution to furthering the goals of NATO and 

18 enhancing stability, freedom, and peace in Europe 

19 should they become NATO members [and] upon 

20 complete satisfaction of all relevant criteria should 

21 be invited to become full NATO members at the ear22 liest possible date’’. 

23 (14) On February 11, 1998, the Senate ap24 proved the resolution of advice and consent to ratifi25 cation of the Protocols to the North Atlantic Treaty 


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1 of 1949 on Accession of Poland, Hungary, and the 

2 Czech Republic (Treaty Document 105–36), inviting 

3 Poland, Hungary, and the Czech Republic to join 

4 the North Atlantic Treaty Organization. 

5 (15) At the Washington Summit of the North 

6 Atlantic Treaty Organization in April 1999, the 

7 North Atlantic Treaty Organization Heads of State 

8 and Government issued a communique declaring, 

9 ‘‘We pledge that NATO will continue to welcome 

10 new members in a position to further the principles 

11 of the [North Atlantic] Treaty and contribute to 

12 peace and security in the Euro-Atlantic area . . . 

13 The three new members will not be the last . . . No 

14 European democratic country whose admission 

15 would fulfill the objectives of the Treaty will be ex16 cluded from consideration, regardless of its geo17 graphic location . . .’’. 

18 (16) In the Gerald B. H. Solomon Freedom 

19 Consolidation Act of 2002 (Public Law 107–187; 22 

20 U.S.C. 1928 note), Congress endorsed ‘‘the vision of 

21 further enlargement of the NATO Alliance articu22 lated by President George W. Bush on June 15, 

23 2001, and by former President William J. Clinton 

24 on October 22, 1996’’. 


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1 (17) At the Prague Summit of the North Atlan2 tic Treaty Organization in November 2002, Bul3 garia, Estonia, Latvia, Lithuania, Romania, Slo4 vakia, and Slovenia were invited to join the Alliance 

5 in the second round of enlargement of the North At6 lantic Treaty Organization since the end of the Cold 

7 War, and the North Atlantic Treaty Organization 

8 Heads of State and Government issued a declaration 

9 stating, ‘‘NATO’s door will remain open to Euro10 pean democracies willing and able to assume the re11 sponsibilities and obligations of membership, in ac12 cordance with Article 10 of the Washington Trea13 ty.’’. 

14 (18) On May 8, 2003, the Senate unanimously 

15 approved the resolution of advice and consent to 

16 ratification of the Protocols to the North Atlantic 

17 Treaty of 1949 on Accession of Bulgaria, Estonia, 

18 Latvia, Lithuania, Romania, Slovakia, and Slovenia, 

19 inviting Bulgaria, Estonia, Latvia, Lithuania, Roma20 nia, Slovakia, and Slovenia (Treaty Document 108– 

21 4), inviting those countries to join the North Atlan22 tic Treaty Organization. 

23 (19) At the Istanbul Summit of the North At24 lantic Treaty Organization in June 2004, the North 

25 Atlantic Treaty Organization Heads of State and 


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1 Government issued a communique reaffirming that 

2 NATO’s door remains open to new members, declar3 ing, ‘‘We celebrate the success of NATO’s Open 

4 Door Policy, and reaffirm today that our seven new 

5 members will not be the last. The door to member6 ship remains open. We welcome the progress made 

7 by Albania, Croatia, and the former Yugoslav Republic of Macedonia(1) 8 in implementing their Annual 

9 National Programmes under the Membership Action 

10 Plan, and encourage them to continue pursuing the 

11 reforms necessary to progress toward NATO mem12 bership. We also commend their contribution to re13 gional stability and cooperation. We want all three 

14 countries to succeed and will continue to assist them 

15 in their reform efforts. NATO will continue to assess 

16 each country’s candidacy individually, based on the 

17 progress made towards reform goals pursued 

18 through the Membership Action Plan, which will re19 main the vehicle to keep the readiness of each aspi20 rant for membership under review. We direct that 

21 NATO Foreign Ministers keep the enlargement 

22 process, including the implementation of the Mem23 bership Action Plan, under continual review and re24 port to us. We will review at the next Summit 


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1 progress by aspirants towards membership based on 

2 that report.’’. 

3 (20) At the Riga Summit of the North Atlantic 

4 Treaty Organization in November 2006, the Heads 

5 of State and Government of the member countries of 

6 NATO issued a declaration reaffirming that NATO’s 

7 door remains open to new members, declaring, ‘‘[A]ll 

8 European democratic countries may be considered 

9 for MAP (Membership Action Plan) or admission, 

10 subject to decision by the NAC (North Atlantic 

11 Council) at each stage, based on the performance of 

12 these countries towards meeting the objectives of the 

13 North Atlantic Treaty. We direct that NATO For14 eign Ministers keep that process under continual re15 view and report to us. We welcome the efforts of Al16 bania, Croatia, and the former Yugoslav Republic of 

17 Macedonia to prepare themselves for the responsibil18 ities and obligations of membership. We reaffirm 

19 that the Alliance will continue with Georgia and 

20 Ukraine its Intensified Dialogues which cover the 

21 full range of political, military, financial and security 

22 issues relating to those countries’ aspirations to 

23 membership, without prejudice to any eventual Alli24 ance decision. We reaffirm the importance of the 

25 NATO-Ukraine Distinctive Partnership, which has 


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1 its 10th anniversary next year and welcome the 

2 progress that has been made in the framework of 

3 our Intensified Dialogue. We appreciate Ukraine’s 

4 substantial contributions to our common security, in5 cluding through participation in NATO-led oper6 ations and efforts to promote regional cooperation. 

7 We encourage Ukraine to continue to contribute to 

8 regional security. We are determined to continue to 

9 assist, through practical cooperation, in the imple10 mentation of far-reaching reform efforts, notably in 

11 the fields of national security, defence, reform of the 

12 defence-industrial sector and fighting corruption. We 

13 welcome the commencement of an Intensified Dia14 logue with Georgia as well as Georgia’s contribution 

15 to international peacekeeping and security oper16 ations. We will continue to engage actively with 

17 Georgia in support of its reform process. We encour18 age Georgia to continue progress on political, eco19 nomic and military reforms, including strengthening 

20 judicial reform, as well as the peaceful resolution of 

21 outstanding conflicts on its territory. We reaffirm 

22 that it is of great importance that all parties in the 

23 region should engage constructively to promote re24 gional peace and stability.’’. 


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1 (21) In the NATO Freedom Consolidation Act 

2 of 2007 (Public Law 110–17; 22 U.S.C. 1928 note), 

3 Congress designated Albania, Croatia, Georgia, the 

4 Republic of Macedonia, and Ukraine eligible to re5 ceive assistance under the NATO Participation Act 

6 of 1994 and expressed support for ‘‘qualified can7 didate states, specifically by entering into a Member8 ship Action Plan with Georgia and recognizing the 

9 progress toward meeting the responsibilities and ob10 ligations of NATO membership by Albania, Croatia, 

11 Georgia, the Republic of Macedonia, and Ukraine’’. 

12 (22) At the Bucharest Summit of the North At13 lantic Treaty Organization in April 2008, the Heads 

14 of State and Government of the member countries of 

15 NATO declared, ‘‘NATO’s ongoing enlargement 

16 process has been an historic success in advancing 

17 stability and cooperation and bringing us closer to 

18 our common goal of a Europe whole and free, united 

19 in peace, democracy and common values. NATO’s 

20 door will remain open to European democracies will21 ing and able to assume the responsibilities and obli22 gations of membership, in accordance with Article 

23 10 of the Washington Treaty. We reiterate that de24 cisions on enlargement are for NATO itself to 

25 make.’’. 


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1 (23) At the Bucharest Summit of the North At2 lantic Treaty Organization in April 2008, the Heads 

3 of State and Government of the member countries of 

4 NATO declared, ‘‘NATO welcomes Ukraine’s and 

5 Georgia’s Euro-Atlantic aspirations for membership 

6 in NATO. We agreed today that these countries will 

7 become members of NATO. Both nations have made 

8 valuable contributions to Alliance operations.’’. 

9 (24) The Bucharest Declaration also stated, 

10 ‘‘[W]e have decided to invite Albania and Croatia to 

11 begin accession talks to join our Alliance. We con12 gratulate these countries on this historic achieve13 ment, earned through years of hard work and a 

14 demonstrated commitment to our common security 

15 and NATO’s shared values.’’. 

16 (25) On September 25, 2008, the Senate ap17 proved the Resolution Advising and Consenting to 

18 Ratification of the Protocols to the North Atlantic 

19 Treaty of 1949 on Accession of Albania and Croatia 

20 (Treaty Document 110–20), inviting Croatia and Al21 bania to join the North Atlantic Treaty Organiza22 tion. 

23 (26) At the Strasbourg/Kehl NATO Summit, 

24 the Heads of State and Government participating in 

25 the meeting of the North Atlantic Council on April 


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1 4, 2009, reiterated that ‘‘[i]n accordance with Arti2 cle 10 of the Washington Treaty, NATO’s door will 

3 remain open to all European democracies which 

4 share the values of our Alliance, which are willing 

5 and able to assume the responsibilities and obliga6 tions of membership, and whose inclusion can con7 tribute to common security and stability’’. 

8 (27) On April 4, 2009, at the Strasbourg/Kehl 

9 NATO Summit, President Barack Obama stated, 

10 ‘‘I’d also like to note that as we welcome Albania 

11 and Croatia to NATO, this will not be the last time 

12 that we have such a celebration, and I look forward 

13 to the day when we can welcome Macedonia to the 

14 Alliance. The door to membership will remain open 

15 for other countries that meet NATO’s standards and 

16 can make a meaningful contribution to allied secu17 rity.’’. 

18 (28) At the Lisbon Summit of the North Atlan19 tic Treaty Organization in November 2010, the 

20 Heads of State and Government of the member 

21 countries of NATO declared, ‘‘NATO’s door will re22 main open to all European democracies which share 

23 the values of our Alliance, which are willing and able 

24 to assume the responsibilities and obligations of 

25 membership, which are in a position to further the 


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1 principles of the Treaty, and whose inclusion can 

2 contribute to the security of the North Atlantic 

3 area.’’. 

4 (29) The Lisbon Declaration of November 2010 

5 included the following statements: 

6 (A) ‘‘We reiterate the agreement at our 

7 2008 Bucharest Summit to extend an invitation 

8 to the former Yugoslav Republic of Macedonia 

9 as soon as a mutually acceptable solution to the 

10 name issue has been reached within the frame11 work of the UN, and urge intensified efforts to12 wards that end.’’. 

13 (B) ‘‘We welcome the considerable 

14 progress that Montenegro has made on its road 

15 to Euro-Atlantic integration and its contribu16 tion to security in the region and beyond, in17 cluding through its participation in ISAF. Its 

18 active engagement in the Membership Action 

19 Plan (MAP) process demonstrates 

20 Montenegro’s firm commitment to join the Alli21 ance.’’. 

22 (C) ‘‘We fully support the membership as23 piration of Bosnia and Herzegovina.’’. 

24 (D) ‘‘We welcome, and continue to sup25 port, the Government of Serbia’s stated comVerDate Mar 15 2010 23:23 Mar 08, 2012 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S2177.IS S2177

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1 mitment to Serbia’s Euro-Atlantic integra2 tion.’’. 

3 (E) ‘‘At the 2008 Bucharest Summit we 

4 agreed that Georgia will become a member of 

5 NATO and we reaffirm all elements of that de6 cision, as well as subsequent decisions.’’. 

7 (F) ‘‘A stable, democratic and economically 

8 prosperous Ukraine is an important factor for 

9 Euro-Atlantic security.’’. 

10 (30) On December 5, 2011, the International 

11 Court of Justice issued a judgment that Greece was 

12 not justified in objecting to the accession of the Re13 public of Macedonia to NATO under the United Na14 tions Interim Accord of 1995. 

15 (31) Bosnia and Herzegovina, Georgia, the Re16 public of Macedonia, and Montenegro have expressed 

17 a clear national intent to join NATO and are there18 by considered NATO aspirant nations. 

19 (32) The Governments of Bosnia and 

20 Herzegovina, Georgia, the Republic of Macedonia, 

21 and Montenegro have met the basic standards for 

22 accession (even as specific defense reforms continue) 

23 and displayed their willingness and ability to meet 

24 the responsibilities of membership in the North At25 lantic Treaty Organization, and the accession of 


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1 these countries, as well as continued development of 

2 cooperation with other Partnership for Peace mem3 bers, would benefit security and stability in Europe 

4 and advance United States national security inter5 ests. 

6 (33) The NATO Lisbon Declaration of 2010 

7 also enshrined NATO’s commitment to territorial 

8 missile defense, stating, ‘‘The threat to NATO Eu9 ropean populations, territory and forces posed by the 

10 proliferation of ballistic missiles is increasing. As 

11 missile defence forms part of a broader response to 

12 counter this threat, we have decided that the Alli13 ance will develop a missile defence capability to pur14 sue its core task of collective defence.’’. 

15 (34) Political support for missile defense as a 

16 NATO mission will be strongest if the costs and 

17 benefits are broadly shared throughout the Alliance, 

18 including through greater European financial and 

19 industrial contributions to the missile defense mis20 sion. 

21 (35) The NATO Lisbon Declaration reaffirmed 

22 the Alliance commitment to fund NATO operations 

23 at adequate levels, stating, ‘‘We reaffirm our resolve 

24 to continue to provide the resources, including the 

25 forces and capabilities required to perform the full 


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1 range of Alliance missions. . . . We are determined 

2 to pursue reform and defence transformation and 

3 continue to make our forces more deployable, sus4 tainable, interoperable, and thus more usable.’’. 

5 SEC. 3. STATEMENT OF POLICY. 

6 (a) ENLARGEMENT.—It is the policy of the United 

7 States— 

8 (1) to continue to foster the creation of a Eu9 rope whole, free, and at peace; 

10 (2) to support the right of every nation of Eu11 rope to choose its own defense alliances and security 

12 relationships; 

13 (3) to reject the notion of privileged spheres of 

14 influence; 

15 (4) to continue to strongly support an ‘‘open 

16 door’’ policy with respect to the accession of addi17 tional countries to the North Atlantic Treaty Orga18 nization, including the NATO aspirant nations of 

19 Bosnia and Herzegovina, Georgia, the Republic of 

20 Macedonia, and Montenegro; 

21 (5) to continue to provide assistance to coun22 tries aspiring to accede to, or deepen relationships 

23 with, NATO in terms of providing training, defense 

24 planning assistance, military exchanges, and security 

25 assistance; and 


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1 (6) to continue to advocate these goals within 

2 the NATO alliance and encourage the accession to 

3 NATO of all aspirant nations, including Bosnia and 

4 Herzegovina, Georgia, the Republic of Macedonia, 

5 and Montenegro. 

6 (b) DETERRENCE.—With respect to United States 

7 forward deployed nuclear weapons in Europe, the policy 

8 of the United States will be guided by the following prin9 ciples: 

10 (1) As long as nuclear weapons exist, NATO 

11 will remain a nuclear alliance. 

12 (2) It is critical that NATO, as a nuclear Alli13 ance, share nuclear risks and responsibilities widely. 

14 (3) A broad aim of NATO is to continue to re15 duce the role and number of nuclear weapons while 

16 recognizing that in the years since the Cold War 

17 ended, NATO has already dramatically reduced its 

18 reliance on nuclear weapons. 

19 (4) NATO allies must broaden deterrence 

20 against the range of 21st century threats, including 

21 by pursuing missile defense. 

22 (5) In future discussions, the Russian Federa23 tion must be persuaded to increase transparency on 

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1 cate these weapons away from the territory of 

2 NATO members. 

3 (c) NATO MISSILE DEFENSE.—It is the policy of the 

4 United States that— 

5 (1) the European Phased Adaptive Approach 

6 (EPAA) is the United States contribution to 

7 NATO’s mission of territorial defense against bal8 listic missile attack; 

9 (2) the United States will fully fund and imple10 ment all four phases of the EPAA, consistent with 

11 President Obama’s letter to the Senate on December 

12 18, 2010; 

13 (3) the United States will continue to seek fur14 ther allied contributions to this mission (including 

15 radars, sensors, and interceptors), in addition to Eu16 ropean commitments regarding NATO’s Active Lay17 ered Theater Ballistic Missile Defense (ALTBMD); 

18 and 

19 (4) broad allied burden and risk sharing for the 

20 NATO territorial missile defense mission will be crit21 ical to its long-term viability and success. 

22 (d) SMART DEFENSE.—It is the policy of the United 

23 States— 

24 (1) to seek defense efficiencies where possible to 

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1 cient, including elements of greater specialization, 

2 prioritization, and cooperation (pooling and sharing); 

3 and 

4 (2) to nonetheless press NATO allies to reduce 

5 the defense gap with the United States by equipping 

6 themselves with capabilities that are deemed to be 

7 critical, deployable, and sustainable, to meet the 

8 agreed upon benchmark of spending at least 2 per9 cent of Gross Domestic Product (GDP) on defense, 

10 and to demonstrate political determination to 

11 achieve these goals. 

12 SEC. 4. SENSE OF CONGRESS. 

13 It is the sense of Congress that, at the Chicago Sum14 mit of the North Atlantic Treaty Organization in May 

15 2012, the President should lead NATO efforts— 

16 (1) to ensure that enlargement remains a pri17 ority; 

18 (2) to grant or provide a clear roadmap for the 

19 granting of a NATO Membership Action Plan (or 

20 other equivalent plan) to Georgia and Bosnia and 

21 Herzogovina; and 

22 (3) to invite, or provide a clear roadmap for in23 viting, the Republic of Macedonia and Montenegro 

24 to join NATO. 


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1 SEC. 5. DESIGNATION OF BOSNIA AND HERZEGOVINA AND 

2 MONTENEGRO AS ELIGIBLE TO RECEIVE AS3 SISTANCE UNDER THE NATO PARTICIPATION 

4 ACT OF 1994. 

5 (a) BOSNIA AND HERZEGOVINA.— 

6 (1) IN GENERAL.—Bosnia and Herzegovina is 

7 designated as eligible to receive assistance under the 

8 program established under section 203(a) of the 

9 NATO Participation Act of 1994 (title II of Public 

10 Law 103–447; 22 U.S.C. 1928 note), and shall be 

11 deemed to have been so designated pursuant to sec12 tion 203(d)(1) of such Act. 

13 (2) ASSISTANCE TO PLACE IMMOVABLE DE14 FENSE PROPERTY UNDER MINISTRY OF DEFENSE

15 JURISDICTION.—Assistance provided pursuant to 

16 paragraph (1) shall in part be directed towards en17 couraging and assisting the Government of Bosnia 

18 and Herzegovina in its efforts to place all immovable 

19 defense property under the jurisdiction of the Min20 istry of Defense in order to fulfill the requirements 

21 to join the NATO Membership Action Plan. 

22 (b) MONTENEGRO.—Montenegro is designated as eli23 gible to receive assistance under the program established 

24 under section 203(a) of the NATO Participation Act of 

25 1994, and shall be deemed to have been so designated pur26 suant to section 203(d)(1) of such Act. 


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1 SEC. 6. AUTHORIZATION OF SECURITY ASSISTANCE TO 

2 BOSNIA AND HERZOGOVINA AND MONTE3 NEGRO UNDER THE NATO PARTICIPATION 

4 ACT OF 1994. 

5 Of the amounts made available for fiscal year 2012 

6 under section 23 of the Arms Export Control Act (22 

7 U.S.C. 2763), such sums as may be necessary are author8 ized to be appropriated for assistance to Bosnia and 

9 Herzegovina and Montenegro. 

10 SEC. 7. REAUTHORIZATION OF SECURITY ASSISTANCE FOR 

11 COUNTRIES PREVIOUSLY DESIGNATED AS EL12 IGIBLE TO RECEIVE ASSISTANCE UNDER THE 

13 NATO PARTICIPATION ACT OF 1994. 

14 Of the amounts made available for fiscal year 2012 

15 under section 23 of the Arms Export Control Act (22 

16 U.S.C. 2763) such sums as may be necessary are author17 ized to be appropriated for assistance to Georgia, the Re18 public of Macedonia, and Ukraine. 

19 SEC. 8. REAUTHORIZATION OF PROGRAMS TO FACILITATE 

20 TRANSITION TO NATO MEMBERSHIP. 

21 Section 203 of the NATO Participation Act (Public 

22 Law 103–447; 22 U.S.C. 1928 note) is amended— 

23 (1) in subsection (a)— 

24 (A) by striking ‘‘The President may estab25 lish a program’’ and inserting the following: 

26 ‘‘The President— 


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1 ‘‘(1) may establish a program’’; and 

2 (B) by striking ‘‘pursuant to subsection 

3 (d).’’ and inserting the following: ‘‘pursuant to 

4 subsection (d); and 

5 ‘‘(2) shall establish and regularly update bilat6 eral programs to assist Bosnia and Herzogovina 

7 Georgia, the Republic of Macedonia, and Monte8 negro to achieve full NATO membership.’’; 

9 (2) in subsection (b)— 

10 (A) in paragraph (2), by striking ‘‘; and’’ 

11 and inserting a semicolon; 

12 (B) in paragraph (3), by striking the pe13 riod at the end and inserting a semicolon; and 

14 (C) by adding at the end the following new 

15 paragraphs: 

16 ‘‘(4) bilateral exchanges of military officers; 

17 ‘‘(5) joint assessments of defense needs upon 

18 the request of any country designated under sub19 section (d), including with respect to the objectives 

20 under section 1242 of the National Defense Author21 ization Act for Fiscal Year 2012 (Public Law 112– 

22 81); and 

23 ‘‘(6) sales of defense articles and services nec24 essary to maintain sufficient territorial self-defense 

25 capabilities in accordance with every nation’s right 


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1 to self-defense under Article 51 of the Charter of the 

2 United Nations.’’; 

3 (3) in subsection (c)— 

4 (A) by striking paragraph (5); 

5 (B) by redesignating paragraphs (2), (3), 

6 (4), (6), and (7) as paragraphs (3), (4), (6), 

7 (9), and (11), respectively; 

8 (C) by inserting after paragraph (1) the 

9 following new paragraph: 

10 ‘‘(2) The transfer of nonlethal excess defense 

11 articles under section 516 of the Foreign Assistance 

12 Act of 1961 (22 U.S.C. 2321j), without regard to 

13 the restriction in subsection (a) of such section (re14 lating to the justification of the foreign military fi15 nancing program for the fiscal year in which a 

16 transfer is authorized).’’; 

17 (D) by inserting after paragraph (4), as 

18 redesignated by subparagraph (B), the fol19 lowing new paragraph: 

20 ‘‘(5) Approval of commercial export sales under 

21 the Arms Export Control Act.’’; 

22 (E) by inserting after paragraph (6), as re23 designated by subparagraph (B), the following 

24 new paragraphs: 


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1 ‘‘(7) Nonproliferation, Anti-Terrorism, 

2 Demining, and Related Programs assistance. 

3 ‘‘(8) Assistance under section 481 of the For4 eign Assistance Act of 1961 (22 U.S.C. 2291; relat5 ing to international narcotics control and law en6 forcement).’’; and 

7 (F) by inserting after paragraph (9), as re8 designated by subparagraph (B), the following 

9 new paragraph: 

10 ‘‘(10) Military assistance under section 1206 of 

11 the National Defense Authorization Act for Fiscal 

12 Year 2006 (Public Law 109–163; 119 Stat. 2456).’’; 

13 and 

14 (4) by inserting at the end the following new 

15 subsection: 

16 ‘‘(h) UKRAINE.—The programs established under 

17 subsection (a) shall not inhibit security cooperation in 

18 terms of interoperability, training, reform, joint exercises, 

19 and bilateral exchanges with nations previously designated 

20 as eligible to receive security assistance under this Act but 

21 no longer expressing a national intent to join the NATO 

22 Alliance.’’. 


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1 SEC. 9. PRIORITY DELIVERY OF EXCESS DEFENSE ARTI2 CLES. 

3 Notwithstanding any other provision of law, the pro4 vision and delivery of excess defense articles to Bosnia and 

5 Herzegovina, Georgia, the Republic of Macedonia, and 

6 Montenegro under the authority of paragraphs (1) and (2) 

7 of section 203(c) of the NATO Participation Act of 1994 

8 (Public Law 103–447; 22 U.S.C. 1928 note), as amended 

9 by section 8, and section 516 of the Foreign Assistance 

10 Act of 1961 (22 U.S.C. 2321j) shall be given priority to 

11 the maximum extent practicable. 

12 SEC. 10. REPORT REQUIRED. 

13 (a) IN GENERAL.—Not later than 90 days after the 

14 date of the enactment of this Act, the Secretary of State 

15 shall provide to the Committee on Foreign Relations and 

16 the Committee on Armed Services of the Senate and the 

17 Committee on Foreign Affairs and the Committee on 

18 Armed Services of the House of Representatives a report 

19 on NATO accession and other related policies. 

20 (b) CONTENT.—The report required under subsection 

21 (a) shall include the following elements: 

22 (1) A description of all assistance provided 

23 under the programs established under section 203(a) 

24 of the NATO Participation Act of 1994 (Public Law 

25 103–447; 22 U.S.C. 1928 note), as amended by sec26 tion 7, or otherwise provided by the United States 


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1 Government to facilitate the transition to full NATO 

2 membership of Bosnia and Herzegovina, Georgia, 

3 the Republic of Macedonia, Montenegro, and other 

4 countries designated pursuant to section 203(d) of 

5 the NATO Participation Act of 1994 (Public Law 

6 103–447; 22 U.S.C. 1928 note). 

7 (2) A description of United States diplomatic 

8 efforts currently underway or anticipated to facili9 tate an agreement between the Republic of Mac10 edonia and Greece concerning the dispute over the 

11 official name of the Republic of Macedonia, taking 

12 into consideration the December 5, 2011, judgment 

13 by the International Court of Justice concerning the 

14 dispute. 

15 (3) A description of additional national steps, if 

16 any, that must be undertaken by Bosnia and 

17 Herzegovina, Georgia, the Republic of Macedonia, 

18 and Montenegro in terms of reform, doctrine, and 

19 readiness in order to meet the qualifications nec20 essary to achieve accession to NATO. 

21 (4) A description of United States efforts to up22 hold the sovereignty and territorial integrity of Geor23 gia. 

24 (5) A description of all current and projected fi25 nancial and technical contributions by NATO allies 


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1 to the NATO territorial missile defense mission, in2 cluding all national assets that have been or will be 

3 dedicated to the NATO missile defense mission. 

4 (c) FORM.—The report shall be submitted in unclas5 sified format and may be supplemented by a classified 

6 annex. 

Æ 


srobinson on DSK4SPTVN1PROD with BILLS