§ 203. AUTHORITY FOR PROGRAM TO FACILITATE TRANSITION TO NATO MEMBERSHIP.

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In General .— The President may establish a program to assist the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and other Partnership for Peace emerging democracies in Central and Eastern Europe designated pursuant to subsection (d). Conduct of Program .— The program established under subsection

(a)shall facilitate the transition to full NATO membership of the countries designated under subsection

(d)by supporting and encouraging, inter alia— joint planning, training, and military exercises with NATO forces; greater interoperability of military equipment, air defense systems, and command, control, and communications systems; and conformity of military doctrine. Type of Assistance .— In carrying out the program established under subsection (a), the President may provide to the countries designated under subsection

(d)the following types of security assistance: The transfer of excess defense articles under section 516 of the Foreign Assistance Act of 1961 [ 22 U.S.C. 2321j ]. Assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 [ 22 U.S.C. 2347 et seq.] (relating to international military education and training). Assistance under section 23 of the Arms Export Control Act [ 22 U.S.C. 2763 ] (relating to the ‘Foreign Military Financing Program’). Assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 [ 22 U.S.C. 2346 et seq.] (relating to the Economic Support Fund). Funds made available for the ‘Nonproliferation and Disarmament Fund’. Assistance under chapter 6 of part II of the Foreign Assistance Act of 1961 [ 22 U.S.C. 2348 et seq.] (relating to peacekeeping operations and other programs). Notwithstanding any other provision of law, including section 516(e) of the Foreign Assistance Act of 1961 [ 22 U.S.C. 2321j(e) ], the President may direct the crating, packing, handling, and transportation of excess defense articles provided pursuant to paragraph

(1)of this subsection without charge to the recipient of such articles. Designation of Eligible Countries.— Initial presidential review and designation .— Within 60 days of the enactment of the NATO Participation Act Amendments of 1995 [NATO Participation Act Amendments of 1995 was contained in S. 602 and title VII of H.R. 1868 which were predecessor versions of provisions enacted into law by section 585 of Pub. L. 104–107 , which was approved Feb. 12, 1996 ], the President should evaluate the degree to which any emerging democracies in Central and Eastern Europe which has expressed its interest in joining NATO meets the criteria set forth in paragraph (3), and may designate one or more of these countries as eligible to receive assistance under the program established under subsection (a). The President shall, at the time of designation of any country pursuant to this paragraph, determine and report to the Committees on International Relations and Appropriations of the House of Representatives and the Committees on Foreign Relations and Appropriations of the Senate with respect to each country so designated that such country meets the criteria set forth in paragraph (3). Other european countries emerging from communist domination .— In addition to the countries designated pursuant to paragraph (1), the President may at any time designate other European emerging democracies in Central and Eastern Europe as eligible to receive assistance under the program established under subsection (a). The President shall, at the time of designation of any country pursuant to this paragraph, determine and report to the Committees on International Relations and Appropriations of the House of Representatives and the Committees on Foreign Relations and Appropriations of the Senate with respect to each country so designated that such country meets the criteria set forth in paragraph (3). Criteria .— The criteria referred to in paragraphs

(1)and

(2)are, with respect to each country, that the country— has made significant progress toward establishing— shared values and interests; democratic governments; free market economies; civilian control of the military, of the police, and of intelligence services, so that these organizations do not pose a threat to democratic institutions, neighboring countries, or the security of NATO or the United States; adherence to the rule of law and to the values, principles, and political commitments set forth in the Helsinki Final Act and other declarations by the members of the Organization on Security and Cooperation in Europe; commitment to further the principles of NATO and to contribute to the security of the North Atlantic area; commitment to protecting the rights of all their citizens and respecting the territorial integrity of their neighbors; commitment and ability to accept the obligations, responsibilities, and costs of NATO membership; and commitment and ability to implement infrastructure development activities that will facilitate participation in and support for NATO military activities; is likely, within five years of such determination, to be in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area; and is not ineligible to receive assistance under section 552 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 [ 110 Stat. 741 ], with respect to transfers of equipment to a country the government of which the Secretary of State has determined is a terrorist government for purposes of section 40(d) of the Arms Export Control Act [ 22 U.S.C. 2780(d) ]. Notification .— At least 15 days before designating any country pursuant to subsection (d), the President shall notify the appropriate congressional committees in accordance with the procedures applicable under section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 ), and shall include with such notification a memorandum of justification with respect to the proposed designation. Determination .— It is hereby determined that Poland, Hungary, the Czech Republic, and Slovakia meet the criteria required in paragraphs (1), (2), and

(3)of subsection (d). Effect on Other Authorities .— Nothing in this Act [title] shall affect the eligibility of countries to participate under other provisions of law in programs described in this Act [title].

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