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H.R. 3564 (104th): NATO Enlargement Facilitation Act of 1996


The text of the bill below is as of Jul 23, 1996 (Passed the House).


HR 3564 EH

104th CONGRESS

2d Session

H. R. 3564


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 Representatives of the United States of America in Congress assembled,

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 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 to 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) 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 (section 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 membership in the Alliance and a permanent security relationship between participants in the Partnership for Peace and members of NATO.

      (8) As new members of NATO assume the responsibilities of Alliance membership, the costs of maintaining stability in Europe will be shared more widely. The concurrent assumption of greater responsibility 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 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.

      (9) New members will be full members of the Alliance, enjoying all rights and assuming all the obligations under the Washington Treaty.

      (10) 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.

      (11) 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, can assist those countries preparing to assume the responsibilities of possible NATO membership, and accordingly should receive appropriate support from the United States.

      (12) NATO remains the only multilateral security organization capable of conducting effective military operations and preserving security and stability 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.

      (14) The process of enlarging NATO to include emerging democracies in Central and Eastern Europe should be a continuing process and progress toward the admission of additional emerging democracies 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 Participation 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 obligations and commitments of these countries under the Charter of the United Nations, the Universal Declaration of Human Rights, and the Helsinki Final Act.

      (16) A number of Central and 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.

      (17) Democratic civilian control of defense forces is an essential element in the process of preparation 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 necessarily 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 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.

      (22) Lasting security and stability in Europe requires not only the military integration of emerging 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 assistance 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 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 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 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 responsibilities of NATO membership, including the obligation set forth in Article X of the North Atlantic Treaty that new members be able to contribute to the security of the North Atlantic area, and further to ensure that all countries admitted to NATO are capable of assuming those costs and responsibilities; and

      (4) 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 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, Slovenia, Bulgaria, Romania, Albania, Moldova, and Ukraine--

      (1) the United States should continue to support the full and active participation of these countries in activities appropriate for qualifying for NATO membership;

      (2) the United States Government should continue 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 initiatives between and among these nations and members 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, Latvia, 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.

SEC. 6. 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 and shall be deemed to have been so designated pursuant to section 203(d) of such Act: Poland, Hungary, and the Czech Republic.

    (b) AUTHORITY TO DESIGNATE OTHER COUNTRIES NOT PRECLUDED- The process of enlarging NATO to include emerging democracies in Central and Eastern Europe should not stop with the admission of Poland, Hungary, 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 receive assistance under the program established under section 203(a) of such Act.

SEC. 7. 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 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 (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. 8. REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR PEACE INFORMATION MANAGEMENT SYSTEM.

    (a) IN GENERAL- Funds described in subsection (b) are authorized to be made available to support the implementation 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 participating in these programs, which may include Poland, Hungary, the Czech Republic, Slovakia, Estonia, 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 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 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. 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 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. 11. TERMINATION OF ELIGIBILITY.

    (a) TERMINATION OF ELIGIBILITY- The eligibility of a country designated pursuant to section 6(a) or pursuant to section 203(d) of the NATO Participation Act of 1994 may be terminated upon determination by the President 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 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.

Passed the House of Representatives July 23, 1996.

Attest:

Clerk.