II
Calendar No. 512
104TH CONGRESS
2D SESSION
H. R. 3564
IN THE SENATE OF THE UNITED STATES
JULY 24, 1996
Received; read twice and placed on the calendar
AN ACT
To amend the NATO Participation Act of 1994 to expedite
the transition to full membership in the North Atlantic
Treaty Organization of emerging democracies in Central
and Eastern Europe.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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 Or-
ganization (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 East-
ern Europe will serve to reinforce stability and secu-
rity in Europe by fostering their integration into the
structures which have created and sustained peace
in Europe since 1945. Their admission to NATO
will not threaten any nation. America’s security,
freedom, and prosperity remain linked to the secu-
rity 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 se-
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curity challenges of the post-Cold War era and in
creating the stable environment needed for those
emerging democracies in Central and Eastern Eu-
rope 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 Eu-
rope as vital to European peace and security.
(5) NATO has enlarged its membership on 3
different occasions since 1949.
(6) 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 (sec-
tion 585 of Public Law 104–107).
(7) The Partnership for Peace, created in 1994
under American leadership, has fostered cooperation
between NATO and the countries of Central and
Eastern Europe, and offers a path to future mem-
bership in the Alliance and a permanent security re-
lationship between participants in the Partnership
for Peace and members of NATO.
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(8) As new members of NATO assume the re-
sponsibilities of Alliance membership, the costs of
maintaining stability in Europe will be shared more
widely. The concurrent assumption of greater re-
sponsibility and development of greater capabilities
by the European members of NATO in pursuit of a
European security and defense identity will further
reinforce burdensharing. Facilitation of the enlarge-
ment process will require current members of
NATO, and the United States in particular, to dem-
onstrate the political will needed to build on success-
ful ongoing programs such as the Warsaw Initiative
and the Partnership for Peace by making available
the resources necessary to supplement efforts pro-
spective new members are themselves undertaking.
(9) New members will be full members of the
Alliance, enjoying all rights and assuming all the ob-
ligations under the Washington Treaty.
(10) In order to assist emerging democracies in
Central and Eastern Europe that have expressed in-
terest in joining NATO to be prepared to assume
the responsibilities of NATO membership, the Unit-
ed States should encourage and support efforts by
such countries to develop force structures and force
modernization priorities that will enable such coun-
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tries to contribute to the full range of NATO mis-
sions, including, most importantly, territorial defense
of the Alliance.
(11) Cooperative regional peacekeeping initia-
tives involving emerging democracies in Central and
Eastern Europe that have expressed interest in join-
ing NATO, such as the Baltic Peacekeeping Battal-
ion, the Polish-Lithuanian Joint Peacekeeping
Force, and the Polish-Ukrainian Peacekeeping
Force, can make an important contribution to Euro-
pean 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 appro-
priate support from the United States.
(12) NATO remains the only multilateral secu-
rity organization capable of conducting effective
military operations and preserving security and sta-
bility of the Euro-Atlantic region.
(13) 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.
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(14) The process of enlarging NATO to include
emerging democracies in Central and Eastern Eu-
rope should be a continuing process and progress to-
ward the admission of additional emerging democ-
racies in Central and Eastern Europe will depend on
the degree to which these countries meet the criteria
set forth in section 203(d)(3) of the NATO Partici-
pation Act of 1994.
(15) 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 in light of the obliga-
tions and commitments of these countries under the
Charter of the United Nations, the Universal Dec-
laration of Human Rights, and the Helsinki Final
Act.
(16) A number of Central and Eastern Euro-
pean countries have expressed interest in NATO
membership, and have taken concrete steps to dem-
onstrate this commitment; including their participa-
tion in Partnership for Peace activities.
(17) Democratic civilian control of defense
forces is an essential element in the process of prep-
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aration for those states interested in possible NATO
membership.
(18) The security and economic stability of the
Caucasus region is important to the United States,
and the countries of the Caucasus region should not
be precluded from future membership in NATO. The
United States should continue to promote policies
that encourage economic and fiscal reforms, private
sector growth, and political reforms in the Caucasus
region.
(19) In recognition that not all countries which
have requested membership in NATO will nec-
essarily qualify at the same pace, the accession date
for each new member may vary.
(20) 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.
(21) The provision of additional NATO transi-
tion 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 to-
ward eventual NATO membership.
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(22) Lasting security and stability in Europe
requires not only the military integration of emerg-
ing democracies of Central and Eastern Europe into
existing European structures, but also the eventual
economic and political integration of these countries
into existing European structures.
(23) 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 as-
sistance described in this bill.
(24) 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 member-
ship, 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 adapt the role of the NATO Alliance to the
post-Cold War world;
(2) to actively assist the emerging democracies
in Central and Eastern Europe in their transition so
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that such countries may eventually qualify for
NATO membership;
(3) to ensure that all countries in Central and
Eastern Europe are fully aware of the costs and re-
sponsibilities of NATO membership, including the
obligation set forth in Article X of the North Atlan-
tic Treaty that new members be able to contribute
to the security of the North Atlantic area, and fur-
ther to ensure that all countries admitted to NATO
are capable of assuming those costs and responsibil-
ities; and
(4) to work to define a constructive and cooper-
ative political and security relationship between an
enlarged NATO and the Russian Federation.
SEC. 4. SENSE OF THE CONGRESS REGARDING FURTHER
ENLARGEMENT OF NATO.
It is the sense of the Congress that in order to pro-
mote economic stability and security in Slovakia, Estonia,
Latvia, Lithuania, Slovenia, Bulgaria, Romania, Albania,
Moldova, and Ukraine—
(1) the United States should continue to sup-
port the full and active participation of these coun-
tries in activities appropriate for qualifying for
NATO membership;
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(2) the United States Government should con-
tinue to 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 continue
to support military exercises and peacekeeping ini-
tiatives between and among these nations and mem-
bers of the North Atlantic Treaty Organization.
SEC. 5. SENSE OF THE CONGRESS REGARDING ESTONIA,
LATVIA, AND LITHUANIA.
In view of the forcible incorporation of Estonia, Lat-
via, and 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.
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SEC. 6. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO
ENLARGEMENT ASSISTANCE.
(a) IN GENERAL.—The following countries are des-
ignated as eligible to receive assistance under the program
established under section 203(a) of the NATO Participa-
tion Act of 1994 and shall be deemed to have been so
designated pursuant to section 203(d) of such Act: Po-
land, Hungary, and the Czech Republic.
(b) AUTHORITY TO DESIGNATE OTHER COUNTRIES
NOT PRECLUDED.—The process of enlarging NATO to in-
clude emerging democracies in Central and Eastern Eu-
rope should not stop with the admission of Poland, Hun-
gary, and the Czech Republic as full members of the
NATO Alliance. Accordingly, the designation of countries
pursuant to subsection (a) shall not be deemed to preclude
the designation by the President of other Central and
Eastern European countries pursuant to section 203(d)
of the NATO Participation Act of 1994 as eligible to re-
ceive assistance under the program established under sec-
tion 203(a) of such Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR NATO
ENLARGEMENT ASSISTANCE.
(a) IN GENERAL.—There are authorized to be appro-
priated $60,000,000 for fiscal year 1997 for the program
established under section 203(a) of the NATO Participa-
tion Act of 1994.
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(b) AVAILABILITY.—Of the funds authorized to be
appropriated by subsection (a)—
(1) not less than $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 pur-
suant 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 au-
thority of section 203(c)(4) of the NATO Participa-
tion Act of 1994 (relating to the ‘‘Foreign Military
Financing Program’’); and
(3) not more than $10,000,000 shall be avail-
able for assistance pursuant to the authority of sec-
tion 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.
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SEC. 8. REGIONAL AIRSPACE INITIATIVE AND PARTNER-
SHIP FOR PEACE INFORMATION MANAGE-
MENT SYSTEM.
(a) IN GENERAL.—Funds described in subsection (b)
are authorized to be made available to support the imple-
mentation of the Regional Airspace Initiative and the
Partnership for Peace Information Management System,
including—
(1) the procurement of items in support of
these programs; and
(2) the transfer of such items to countries par-
ticipating in these programs, which may include Po-
land, Hungary, the Czech Republic, Slovakia, Esto-
nia, Latvia, Lithuania, Romania, Slovenia, Albania,
Ukraine, and Bulgaria.
(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. 9. EXCESS DEFENSE ARTICLES.
(a) PRIORITY
DELIVERY.—Notwithstanding any
other provision of law, the delivery of excess defense arti-
cles under the authority of section 203(c) (1) and (2) of
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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 Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 1995 (Public Law 103–306; 108 Stat.
1640).
(b) COOPERATIVE REGIONAL PEACEKEEPING INITIA-
TIVES.—The Congress encourages the President to pro-
vide excess defense articles and other appropriate assist-
ance to cooperative regional peacekeeping initiatives in-
volving emerging democracies in Central and Eastern Eu-
rope 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. 10. 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 coun-
tries options for the sale or lease to such countries of
weapons systems compatible with those used by NATO
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members, including air defense systems, advanced fighter
aircraft, and telecommunications infrastructure.
SEC. 11. TERMINATION OF ELIGIBILITY.
(a) TERMINATION OF ELIGIBILITY.—The eligibility
of a country designated pursuant to section 6(a) or pursu-
ant to section 203(d) of the NATO Participation Act of
1994 may be terminated upon determination by the Presi-
dent that such country no longer meets the criteria set
forth in section 203(d)(3) of the NATO Participation Act
of 1994.
(b) NOTIFICATION.—At least 15 days before termi-
nating the eligibility of any country pursuant to subsection
(a), the President shall notify the congressional commit-
tees specified in section 634A of the Foreign Assistance
Act of 1961 in accordance with the procedures applicable
to reprogramming notifications under that section.
Passed the House of Representatives July 23, 1996.
Attest:
ROBIN H. CARLE,
Clerk.