S. 1830 (104th): NATO Enlargement Facilitation Act of 1996

104th Congress, 1995–1996. Text as of Jun 04, 1996 (Introduced).

Status & Summary | PDF | Source: GPO

S 1830 IS

104th CONGRESS

2d Session

S. 1830

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.

IN THE SENATE OF THE UNITED STATES

June 4, 1996

Mr. BROWN for Mr. DOLE (for himself, Mr. BROWN, Mr. ROTH, Mr. HELMS, Mr. MCCAIN, Mr. SPECTER, Mr. SANTORUM, Mr. MCCONNELL, and Mr. GORTON) 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 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 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 XXXXX 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.