II

104TH CONGRESS

1ST SESSION S. 602

To amend the NATO Participation Act of 1994 to expedite the transition

to full membership in the North Atlantic Treaty Organization of European countries emerging from Communist domination.

IN THE SENATE OF THE UNITED STATES

MARCH 23, 1995

Mr. BROWN (for himself, Mr. SIMON, Mr. DOLE, Ms. MIKULSKI, Mr. ROTH,

Mr. MCCONNELL, and Mr. MCCAIN) introduced the following bill; which

was read twice and referred to the Committee on Foreign Relations

A BILL

To amend the NATO Participation Act of 1994 to expedite

the transition to full membership in the North Atlantic

Treaty Organization of European countries emerging

from Communist domination.

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 Participation

5 Act Amendments of 1995’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:
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1 (1) Since 1949, the North Atlantic Treaty Or2 ganization (NATO) has played an essential role in

3 guaranteeing the security, freedom, and prosperity

4 of the United States and its partners in the Alliance.

5 (2) NATO has expanded its membership on

6 three different occasions since 1949.

7 (3) The sustained commitment of the member

8 countries of NATO to mutual defense of their secu9 rity ultimately made possible the democratic trans10 formation in Central and Eastern Europe and the

11 demise of the Soviet Union.

12 (4) NATO was designed to be and remains a

13 defensive military organization whose members have

14 never contemplated the use of, or used, military

15 force to expand the borders of its member states.

16 (5) While the immediate threat to the security

17 of the United States and its allies has been reduced

18 with the collapse of the Iron Curtain, new security

19 threats, such as the situation in Bosnia and

20 Herzegovina, are emerging to the shared interests of

21 the member countries of NATO.

22 (6) NATO remains the only multilateral secu23 rity organization capable of conducting effective

24 military operations to protect Western security

25 interests.
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1 (7) NATO has played a positive role in defusing

2 tensions between NATO members and, as a result,

3 no military action has occurred between two NATO

4 member states since the inception of NATO in 1949.

5 (8) NATO is also an important diplomatic

6 forum for the discussion of issues of concern to its

7 member states and for the peaceful resolution of

8 disputes.

9 (9) America’s security, freedom, and prosperity

10 remain linked to the security of the countries of

11 Europe.

12 (10) Any threat to the security of the newly

13 emerging democracies in Central Europe would pose

14 a security threat to the United States and its Euro15 pean allies.

16 (11) The admission to NATO of Central and

17 East European countries that have been freed from

18 Communist domination and that meet specific cri19 teria for NATO membership would contribute to

20 international peace and enhance the security of the

21 region.

22 (12) A number of countries have expressed

23 varying degrees of interest in NATO membership,

24 and have taken concrete steps to demonstrate this

25 commitment.
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1 (13) Full integration of Central and East Euro2 pean countries into the North Atlantic Alliance after

3 such countries meet essential criteria for admission

4 would enhance the security of the Alliance and,

5 thereby, contribute to the security of the United

6 States.

7 (14) The expansion of NATO can create the

8 stable environment needed to successfully complete

9 the political and economic transformation envisioned

10 by Eastern and Central European countries.

11 (15) In recognition that not all countries which

12 have requested membership in NATO will nec13 essarily qualify at the same pace, the date for mem14 bership of each country will vary.

15 (16) The provision of NATO transition assist16 ance should include those countries most ready for

17 closer ties with NATO, such as Poland, Hungary,

18 the Czech Republic and Slovakia and should be de19 signed to assist other countries meeting specified cri20 teria of eligibility to move toward eventual NATO

21 membership, including Lithuania, Latvia, Estonia,

22 Ukraine, Romania, Bulgaria, and Slovenia.

23 (17) Lithuania, Latvia, and Estonia have made

24 significant progress in preparing for NATO member-
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1 ship and should be given every consideration for in2 clusion in programs for NATO transition assistance.

3 SEC. 3. UNITED STATES POLICY.

4 It should be the policy of the United States—

5 (1) to join with the NATO allies of the United

6 States to redefine the role of the NATO Alliance in

7 the post-Cold War world;

8 (2) to actively assist European countries emerg9 ing from communist domination in their transition

10 so that such countries may eventually qualify for

11 NATO membership;

12 (3) to use the voice and vote of the United

13 States to urge observer status in the North Atlantic

14 Council for countries designated under section

15 203(d) of the NATO Participation Act of 1994 (as

16 amended by this Act) as eligible for NATO transi17 tion assistance; and

18 (4) to work to define the political and security

19 relationship between an enlarged NATO and the

20 Russian Federation.

21 SEC. 4. REVISIONS TO PROGRAM TO FACILITATE TRANSI22 TION TO NATO MEMBERSHIP.

23 (a) ESTABLISHMENT OF PROGRAM.—Subsection (a)

24 of section 203 of the NATO Participation Act of 1994
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1 (title II of Public Law 103–447; 22 U.S.C. 1928 note)

2 is amended to read as follows:

3 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The President

4 shall establish a program to assist countries designated

5 under subsection (d) in the transition to full NATO mem6 bership.’’.

7 (b) ELIGIBLE COUNTRIES.—

8 (1) ELIGIBILITY.—Subsection (d) of section

9 203 of such Act is amended to read as follows:

10 ‘‘(d) DESIGNATION OF ELIGIBLE COUNTRIES.—

11 ‘‘(1) SPECIFIC COUNTRIES.—The following

12 countries are hereby designated for purposes of this

13 title: Poland, Hungary, the Czech Republic, and

14 Slovakia.

15 ‘‘(2) OTHER EUROPEAN COUNTRIES EMERGING

16 FROM COMMUNIST DOMINATION.—In addition to the

17 countries designated in paragraph (1), the President

18 may designate other European countries emerging

19 from Communist domination to receive assistance

20 under the program established under subsection (a).

21 The President may make such a designation in the

22 case of any such country only if the President deter23 mines, and reports to the designated congressional

24 committees, that such country—
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1 ‘‘(A) has made significant progress toward

2 establishing—

3 ‘‘(i) shared values and interests;

4 ‘‘(ii) democratic governments;

5 ‘‘(iii) free market economies;

6 ‘‘(iv) civilian control of the military, of

7 the police, and of intelligence services;

8 ‘‘(v) adherence to the values, prin9 ciples, and political commitments embodied

10 in the Helsinki Final Act of the Organiza11 tion on Security and Cooperation in Eu12 rope; and

13 ‘‘(vi) more transparent defense budg14 ets and is participating in the Partnership

15 For Peace defense planning process;

16 ‘‘(B) has made public commitments—

17 ‘‘(i) to further the principles of NATO

18 and to contribute to the security of the

19 North Atlantic area;

20 ‘‘(ii) to accept the obligations, respon21 sibilities, and costs of NATO membership;

22 and

23 ‘‘(iii) to implement infrastructure de24 velopment activities that will facilitate par-
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1 ticipation in and support for NATO mili2 tary activities;

3 ‘‘(C) meets standards of the NATO allies

4 to prevent the sale or other transfer of defense

5 articles to a state that has repeatedly provided

6 support for acts of international terrorism, as

7 determined by the Secretary of State under sec8 tion 6(j)(1)(A) of the Export Administration

9 Act of 1979; and

10 ‘‘(D) is likely, within five years of such de11 termination, to be in a position to further the

12 principles of the North Atlantic Treaty and to

13 contribute to its own security and that of the

14 North Atlantic area.’’.

15 (2) CONFORMING AMENDMENTS.—

16 (A) Subsections (b) and (c) of section 203

17 of such Act are amended by striking ‘‘countries

18 described in such subsection’’ each of the two

19 places it appears and inserting ‘‘countries des20 ignated under subsection (d)’’.

21 (B) Subsection (e) of section 203 of such

22 Act is amended—

23 (i) by striking ‘‘subsection (d)’’ and

24 inserting ‘‘subsection (d)(2)’’; and
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1 (ii) by inserting ‘‘(22 U.S.C. 2394)’’

2 before the period at the end.

3 (C) Section 204(c) of such Act is amended

4 by striking ‘‘any other Partnership for Peace

5 country designated under section 203(d)’’ and

6 inserting ‘‘any country designated under section

7 203(d)(2)’’.

8 (c) TYPES OF ASSISTANCE.—Section 203(c) of such

9 Act is amended—

10 (1) by redesignating paragraphs (1) through

11 (4) as subparagraphs (A) through (D), respectively;

12 and

13 (2) by inserting after subparagraph (D) (as re14 designated) the following new subparagraphs:

15 ‘‘(E) Assistance under chapter 4 of part II of

16 the Foreign Assistance Act of 1961 (relating to the

17 Economic Support Fund).

18 ‘‘(F) Funds appropriated under the ‘Non19 proliferation and Disarmament Fund’ account’’.

20 ‘‘(G) Funds appropriated under chapter 6 of

21 part II of the Foreign Assistance Act of 1961 (relat22 ing to peacekeeping operations and other pro23 grams).’’.

24 (3) by inserting ‘‘(1)’’ immediately after ‘‘TYPE

25 OF ASSISTANCE.—’’; and
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1 (4) by adding at the end the following new

2 paragraphs:

3 ‘‘(2) For fiscal years 1996 and 1997, in providing

4 assistance under chapter 5 of part II of the Foreign As5 sistance Act of 1961 for the countries designated under

6 subsection (d), the President shall include as an important

7 component of such assistance the provision of sufficient

8 language training to enable military personnel to partici9 pate further in programs for military training and in de10 fense exchange programs.

11 ‘‘(3) Of the amounts made available under chapter

12 5 of part II of the Foreign Assistance Act of 1961 (relat13 ing to international military education and training), not

14 less than $5,000,000 for fiscal year 1996 and not less

15 than $5,000,000 for fiscal year 1997 shall be available

16 only for—

17 ‘‘(A) the attendance of additional military per18 sonnel of Poland, Hungary, the Czech Republic, and

19 Slovakia at professional military education institu20 tions in the United States in accordance with section

21 544 of such Act; and

22 ‘‘(B) the placement and support of United

23 States instructors and experts at military edu24 cational centers within the foreign countries des-
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1 ignated under subsection (d) that are receiving as2 sistance under that chapter.’’.

3 SEC. 5. PARTICIPATION IN THE NORTH ATLANTIC COUN4 CIL.

5 The NATO Participation Act of 1994 (title II of Pub6 lic Law 103–447; 22 U.S.C. 1928 note) is amended—

7 (1) by redesignating section 205 as section 206;

8 and

9 (2) by inserting after section 204 the following:

10 ‘‘SEC. 205. PARTICIPATION IN THE NORTH ATLANTIC COUN11 CIL.

12 ‘‘The President should, at all bilateral and inter13 national fora, use of the voice and vote of the United

14 States to urge observer status in the North Atlantic Coun15 cil for countries designated under section 203(d) commen16 surate with their progress toward attaining NATO mem17 bership.’’.

18 SEC. 6. TERMINATION OF ELIGIBILITY.

19 Section 203(f) of the NATO Participation Act of

20 1994 (title II of Public Law 103–447; 22 U.S.C. 1928

21 note) is amended to read as follows:

22 ‘‘(f) TERMINATION OF ELIGIBILITY.—(1) The eligi23 bility of a country designated under subsection (d) for the

24 program established in subsection (a) shall terminate 60

25 days after the President makes a certification under para-
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1 graph (2) unless, within the 60-day period, the Congress

2 enacts a joint resolution disapproving the termination of

3 eligibility.

4 ‘‘(2) Whenever the President determines that the gov5 ernment of a country designated under subsection (d)—

6 ‘‘(A) no longer meets the criteria set forth in

7 subsection (d)(2)(A);

8 ‘‘(B) is hostile to the NATO alliance; or

9 ‘‘(C) poses a national security threat to the

10 United States,

11 then the President shall so certify to the appropriate con12 gressional committees.’’.

13 (b) CONGRESSIONAL PRIORITY PROCEDURES.—Sec14 tion 203 of such Act is amended by adding at the end

15 the following new subsection:

16 ‘‘(g) CONGRESSIONAL PRIORITY PROCEDURES.—

17 ‘‘(1) APPLICABLE PROCEDURES.—A joint reso18 lution described in paragraph (2) which is intro19 duced in a House of Congress after the date on

20 which a certification made under subsection (f)(2) is

21 received by Congress shall be considered in accord22 ance with the procedures set forth in paragraphs (3)

23 through (7) of section 8066(c) of the Department of

24 Defense Appropriations Act, 1985 (as contained in

25 Public Law 98–473 (98 Stat. 1936)), except that—
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1 ‘‘(A) references to the ‘resolution described

2 in paragraph (1)’ shall be deemed to be ref3 erences to the joint resolution; and

4 ‘‘(B) references to the Committee on Ap5 propriations of the House of Representatives

6 and to the Committee on Appropriations of the

7 Senate shall be deemed to be references to the

8 Committee on International Relations of the

9 House of Representatives and the Committee

10 on Foreign Relations of the Senate.

11 ‘‘(2) TEXT OF JOINT RESOLUTION.—A joint

12 resolution under this paragraph is a joint resolution

13 the matter after the resolving clause of which is as

14 follows: ‘That the Congress disapproves the certifi15 cation submitted by the President on llllll

16 pursuant to section 203(f) of the NATO Participa17 tion Act of 1994.’.’’.

18 SEC. 7. REPORTS.

19 (a) ANNUAL REPORT.—Section 206 of the NATO

20 Participation Act of 1994 (title II of Public Law 103–

21 447; 22 U.S.C. 1928 note), as redesignated by section

22 5(1) of this Act, is amended—

23 (1) by inserting ‘‘ANNUAL’’ in the section

24 heading before the first word;
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1 (2) by inserting ‘‘annual’’ after ‘‘include in the’’

2 in the matter preceding paragraph (1);

3 (3) in paragraph (1), by striking ‘‘Partnership

4 for Peace’’ and inserting ‘‘European’’; and

5 (4) by striking paragraph (2) and inserting in6 stead the following new paragraph:

7 ‘‘(2) In the event that the President determines

8 that, despite a period of transition assistance, a

9 country designated under section 203(d) has not, as

10 of January 10, 1999, met the standards for NATO

11 membership set forth in Article 10 of the North At12 lantic Treaty, the President shall transmit a report

13 to the designated congressional committees contain14 ing an assessment of the progress made by that

15 country in meeting those standards.’’.

16 SEC. 8. DEFINITIONS.

17 The NATO Participation Act of 1994 (title II of Pub18 lic Law 103–447; 22 U.S.C. 1928 note), as amended by

19 this Act, is further amended by adding at the end the fol20 lowing new section:

21 ‘‘SEC. 207. DEFINITIONS.

22 ‘‘For purposes of this title:

23 ‘‘(1) NATO.—The term ‘NATO’ means the

24 North Atlantic Treaty Organization.
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1 ‘‘(2) DESIGNATED CONGRESSIONAL COMMIT2 TEES.—The term ‘designated congressional commit3 tees’ means—

4 ‘‘(A) the Committee on International Rela5 tions, the Committee on National Security, and

6 the Committee on Appropriations of the House

7 of Representatives; and

8 ‘‘(B) the Committee on Foreign Relations,

9 the Committee on Armed Services, and the

10 Committee on Appropriations of the Senate.

11 ‘‘(3) EUROPEAN COUNTRIES EMERGING FROM

12 COMMUNIST DOMINATION.—The term ‘European

13 countries emerging from Communist domination’ in14 cludes, but is not limited to, Albania, Bulgaria,

15 Czech Republic, Estonia, Hungary, Latvia, Lithua16 nia, Poland, Romania, Slovakia, Slovenia, and

17 Ukraine.’’.

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