[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2177 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2177

         To strengthen the North Atlantic Treaty Organization.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 8, 2012

   Mr. Lugar introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
         To strengthen the North Atlantic Treaty Organization.

    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 Enhancement Act of 2012''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The sustained commitment of the North Atlantic Treaty 
        Organization (NATO) to mutual defense has made possible the 
        democratic transformation of Central and Eastern Europe.
            (2) Lasting stability and security in Europe requires the 
        further military, economic, and political integration of 
        emerging democracies into existing European and transatlantic 
        structures.
            (3) NATO is not directed against any single adversary and 
        must continue to develop close partnerships with non-member 
        nations.
            (4) In an era of threats from terrorism and the 
        proliferation of weapons of mass destruction, the North 
        Atlantic Treaty Organization has effectively adapted its 
        mission and responded to new threats and challenges.
            (5) NATO is currently involved in several operations 
        benefiting United States national security, including the 
        International Security and Assistance Force (ISAF) for 
        Afghanistan, NATO's Kosovo Force (KFOR), the anti-piracy 
        Operation Active Endeavor in the Mediterranean Sea, anti-piracy 
        Operation Ocean Shield off the Horn of Africa, support for 
        African Union missions, as well as the completed missions of 
        Operation Unified Protector in Libya in 2011, the 
        Implementation (IFOR) and Stabilization Forces (SFOR) in Bosnia 
        and Herzegovina, Operation Essential Harvest in Macedonia, 
        training of Iraqi security forces, and humanitarian missions 
        after Hurricane Katrina, in Darfur, and in Pakistan.
            (6) NATO serves as a force multiplier, whose command 
        structures, training institutions, and multilateral exercises 
        have generated unprecedented multinational contributions to 
        United States national security priorities and enabled European 
        soldiers to fight side-by-side with members of the United 
        States Armed Forces.
            (7) NATO is a community of democracies that can act 
        collectively to promote freedom, stability, and peace around 
        the globe.
            (8) Allies who have recently acceded to NATO, as well as 
        partner nations such as Bosnia and Herzegovina, Georgia, the 
        Republic of Macedonia, and Montenegro are among the highest per 
        capita contributors to NATO missions.
            (9) Members of the United States Armed Forces and NATO 
        forces have provided tremendous sacrifice on behalf of the 
        freedom and security of the NATO alliance, and those soldiers 
        who have perished fighting on behalf of the Western alliance 
        should be forever remembered for their ultimate sacrifice.
            (10) In the NATO Participation Act of 1994 (title II of 
        Public Law 103-447; 22 U.S.C. 1928 note), Congress declared 
        that ``full and active participants in the Partnership for 
        Peace in a position to further the principles of the North 
        Atlantic Treaty and to contribute to the security of the North 
        Atlantic area should be invited to become full NATO members in 
        accordance with Article 10 of such Treaty at an early date''.
            (11) In the NATO Enlargement Facilitation Act of 1996 (22 
        U.S.C. 1928 note 110 Stat. 3009-173), Congress called for the 
        prompt admission of Poland, Hungary, the Czech Republic, and 
        Slovenia to the North Atlantic Treaty Organization, and 
        declared that ``in order to promote economic stability and 
        security in Slovakia, Estonia, Latvia, Lithuania, Romania, 
        Bulgaria, Albania, Moldova, and Ukraine . . . the process of 
        enlarging NATO to include emerging democracies in Central and 
        Eastern Europe should not be limited to consideration of 
        admitting Poland, Hungary, the Czech Republic, and Slovenia as 
        full members of the NATO Alliance''.
            (12) At the Madrid Summit of the North Atlantic Treaty 
        Organization in July 1997, Poland, Hungary, and the Czech 
        Republic were invited to join the Alliance, and the North 
        Atlantic Treaty Organization Heads of State and Government 
        issued a declaration stating, ``The alliance expects to extend 
        further invitations in coming years to nations willing and able 
        to assume the responsibilities and obligations of membership . 
        . . No European democratic country whose admission would 
        fulfill the objectives of the [North Atlantic] Treaty will be 
        excluded from consideration.''.
            (13) In the European Security Act of 1998 (22 U.S.C. 1928 
        note; 112 Stat. 2681-839), Congress declared that ``Poland, 
        Hungary, and the Czech Republic should not be the last emerging 
        democracies in Central and Eastern Europe invited to join 
        NATO'' and that ``Romania, Estonia, Latvia, Lithuania, and 
        Bulgaria . . . would make an outstanding contribution to 
        furthering the goals of NATO and enhancing stability, freedom, 
        and peace in Europe should they become NATO members [and] upon 
        complete satisfaction of all relevant criteria should be 
        invited to become full NATO members at the earliest possible 
        date''.
            (14) On February 11, 1998, the Senate approved the 
        resolution of advice and consent to ratification of the 
        Protocols to the North Atlantic Treaty of 1949 on Accession of 
        Poland, Hungary, and the Czech Republic (Treaty Document 105-
        36), inviting Poland, Hungary, and the Czech Republic to join 
        the North Atlantic Treaty Organization.
            (15) At the Washington Summit of the North Atlantic Treaty 
        Organization in April 1999, the North Atlantic Treaty 
        Organization Heads of State and Government issued a communique 
        declaring, ``We pledge that NATO will continue to welcome new 
        members in a position to further the principles of the [North 
        Atlantic] Treaty and contribute to peace and security in the 
        Euro-Atlantic area . . . The three new members will not be the 
        last . . . No European democratic country whose admission would 
        fulfill the objectives of the Treaty will be excluded from 
        consideration, regardless of its geographic location . . .''.
            (16) In the Gerald B. H. Solomon Freedom Consolidation Act 
        of 2002 (Public Law 107-187; 22 U.S.C. 1928 note), Congress 
        endorsed ``the vision of further enlargement of the NATO 
        Alliance articulated by President George W. Bush on June 15, 
        2001, and by former President William J. Clinton on October 22, 
        1996''.
            (17) At the Prague Summit of the North Atlantic Treaty 
        Organization in November 2002, Bulgaria, Estonia, Latvia, 
        Lithuania, Romania, Slovakia, and Slovenia were invited to join 
        the Alliance in the second round of enlargement of the North 
        Atlantic Treaty Organization since the end of the Cold War, and 
        the North Atlantic Treaty Organization Heads of State and 
        Government issued a declaration stating, ``NATO's door will 
        remain open to European democracies willing and able to assume 
        the responsibilities and obligations of membership, in 
        accordance with Article 10 of the Washington Treaty.''.
            (18) On May 8, 2003, the Senate unanimously approved the 
        resolution of advice and consent to ratification of the 
        Protocols to the North Atlantic Treaty of 1949 on Accession of 
        Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and 
        Slovenia, inviting Bulgaria, Estonia, Latvia, Lithuania, 
        Romania, Slovakia, and Slovenia (Treaty Document 108-4), 
        inviting those countries to join the North Atlantic Treaty 
        Organization.
            (19) At the Istanbul Summit of the North Atlantic Treaty 
        Organization in June 2004, the North Atlantic Treaty 
        Organization Heads of State and Government issued a communique 
        reaffirming that NATO's door remains open to new members, 
        declaring, ``We celebrate the success of NATO's Open Door 
        Policy, and reaffirm today that our seven new members will not 
        be the last. The door to membership remains open. We welcome 
        the progress made by Albania, Croatia, and the former Yugoslav 
        Republic of Macedonia\(1)\ in implementing their Annual 
        National Programmes under the Membership Action Plan, and 
        encourage them to continue pursuing the reforms necessary to 
        progress toward NATO membership. We also commend their 
        contribution to regional stability and cooperation. We want all 
        three countries to succeed and will continue to assist them in 
        their reform efforts. NATO will continue to assess each 
        country's candidacy individually, based on the progress made 
        towards reform goals pursued through the Membership Action 
        Plan, which will remain the vehicle to keep the readiness of 
        each aspirant for membership under review. We direct that NATO 
        Foreign Ministers keep the enlargement process, including the 
        implementation of the Membership Action Plan, under continual 
        review and report to us. We will review at the next Summit 
        progress by aspirants towards membership based on that 
        report.''.
            (20) At the Riga Summit of the North Atlantic Treaty 
        Organization in November 2006, the Heads of State and 
        Government of the member countries of NATO issued a declaration 
        reaffirming that NATO's door remains open to new members, 
        declaring, ``[A]ll European democratic countries may be 
        considered for MAP (Membership Action Plan) or admission, 
        subject to decision by the NAC (North Atlantic Council) at each 
        stage, based on the performance of these countries towards 
        meeting the objectives of the North Atlantic Treaty. We direct 
        that NATO Foreign Ministers keep that process under continual 
        review and report to us. We welcome the efforts of Albania, 
        Croatia, and the former Yugoslav Republic of Macedonia to 
        prepare themselves for the responsibilities and obligations of 
        membership. We reaffirm that the Alliance will continue with 
        Georgia and Ukraine its Intensified Dialogues which cover the 
        full range of political, military, financial and security 
        issues relating to those countries' aspirations to membership, 
        without prejudice to any eventual Alliance decision. We 
        reaffirm the importance of the NATO-Ukraine Distinctive 
        Partnership, which has its 10th anniversary next year and 
        welcome the progress that has been made in the framework of our 
        Intensified Dialogue. We appreciate Ukraine's substantial 
        contributions to our common security, including through 
        participation in NATO-led operations and efforts to promote 
        regional cooperation. We encourage Ukraine to continue to 
        contribute to regional security. We are determined to continue 
        to assist, through practical cooperation, in the implementation 
        of far-reaching reform efforts, notably in the fields of 
        national security, defence, reform of the defence-industrial 
        sector and fighting corruption. We welcome the commencement of 
        an Intensified Dialogue with Georgia as well as Georgia's 
        contribution to international peacekeeping and security 
        operations. We will continue to engage actively with Georgia in 
        support of its reform process. We encourage Georgia to continue 
        progress on political, economic and military reforms, including 
        strengthening judicial reform, as well as the peaceful 
        resolution of outstanding conflicts on its territory. We 
        reaffirm that it is of great importance that all parties in the 
        region should engage constructively to promote regional peace 
        and stability.''.
            (21) In the NATO Freedom Consolidation Act of 2007 (Public 
        Law 110-17; 22 U.S.C. 1928 note), Congress designated Albania, 
        Croatia, Georgia, the Republic of Macedonia, and Ukraine 
        eligible to receive assistance under the NATO Participation Act 
        of 1994 and expressed support for ``qualified candidate states, 
        specifically by entering into a Membership Action Plan with 
        Georgia and recognizing the progress toward meeting the 
        responsibilities and obligations of NATO membership by Albania, 
        Croatia, Georgia, the Republic of Macedonia, and Ukraine''.
            (22) At the Bucharest Summit of the North Atlantic Treaty 
        Organization in April 2008, the Heads of State and Government 
        of the member countries of NATO declared, ``NATO's ongoing 
        enlargement process has been an historic success in advancing 
        stability and cooperation and bringing us closer to our common 
        goal of a Europe whole and free, united in peace, democracy and 
        common values. NATO's door will remain open to European 
        democracies willing and able to assume the responsibilities and 
        obligations of membership, in accordance with Article 10 of the 
        Washington Treaty. We reiterate that decisions on enlargement 
        are for NATO itself to make.''.
            (23) At the Bucharest Summit of the North Atlantic Treaty 
        Organization in April 2008, the Heads of State and Government 
        of the member countries of NATO declared, ``NATO welcomes 
        Ukraine's and Georgia's Euro-Atlantic aspirations for 
        membership in NATO. We agreed today that these countries will 
        become members of NATO. Both nations have made valuable 
        contributions to Alliance operations.''.
            (24) The Bucharest Declaration also stated, ``[W]e have 
        decided to invite Albania and Croatia to begin accession talks 
        to join our Alliance. We congratulate these countries on this 
        historic achievement, earned through years of hard work and a 
        demonstrated commitment to our common security and NATO's 
        shared values.''.
            (25) On September 25, 2008, the Senate approved the 
        Resolution Advising and Consenting to Ratification of the 
        Protocols to the North Atlantic Treaty of 1949 on Accession of 
        Albania and Croatia (Treaty Document 110-20), inviting Croatia 
        and Albania to join the North Atlantic Treaty Organization.
            (26) At the Strasbourg/Kehl NATO Summit, the Heads of State 
        and Government participating in the meeting of the North 
        Atlantic Council on April 4, 2009, reiterated that ``[i]n 
        accordance with Article 10 of the Washington Treaty, NATO's 
        door will remain open to all European democracies which share 
        the values of our Alliance, which are willing and able to 
        assume the responsibilities and obligations of membership, and 
        whose inclusion can contribute to common security and 
        stability''.
            (27) On April 4, 2009, at the Strasbourg/Kehl NATO Summit, 
        President Barack Obama stated, ``I'd also like to note that as 
        we welcome Albania and Croatia to NATO, this will not be the 
        last time that we have such a celebration, and I look forward 
        to the day when we can welcome Macedonia to the Alliance. The 
        door to membership will remain open for other countries that 
        meet NATO's standards and can make a meaningful contribution to 
        allied security.''.
            (28) At the Lisbon Summit of the North Atlantic Treaty 
        Organization in November 2010, the Heads of State and 
        Government of the member countries of NATO declared, ``NATO's 
        door will remain open to all European democracies which share 
        the values of our Alliance, which are willing and able to 
        assume the responsibilities and obligations of membership, 
        which are in a position to further the principles of the 
        Treaty, and whose inclusion can contribute to the security of 
        the North Atlantic area.''.
            (29) The Lisbon Declaration of November 2010 included the 
        following statements:
                    (A) ``We reiterate the agreement at our 2008 
                Bucharest Summit to extend an invitation to the former 
                Yugoslav Republic of Macedonia as soon as a mutually 
                acceptable solution to the name issue has been reached 
                within the framework of the UN, and urge intensified 
                efforts towards that end.''.
                    (B) ``We welcome the considerable progress that 
                Montenegro has made on its road to Euro-Atlantic 
                integration and its contribution to security in the 
                region and beyond, including through its participation 
                in ISAF. Its active engagement in the Membership Action 
                Plan (MAP) process demonstrates Montenegro's firm 
                commitment to join the Alliance.''.
                    (C) ``We fully support the membership aspiration of 
                Bosnia and Herzegovina.''.
                    (D) ``We welcome, and continue to support, the 
                Government of Serbia's stated commitment to Serbia's 
                Euro-Atlantic integration.''.
                    (E) ``At the 2008 Bucharest Summit we agreed that 
                Georgia will become a member of NATO and we reaffirm 
                all elements of that decision, as well as subsequent 
                decisions.''.
                    (F) ``A stable, democratic and economically 
                prosperous Ukraine is an important factor for Euro-
                Atlantic security.''.
            (30) On December 5, 2011, the International Court of 
        Justice issued a judgment that Greece was not justified in 
        objecting to the accession of the Republic of Macedonia to NATO 
        under the United Nations Interim Accord of 1995.
            (31) Bosnia and Herzegovina, Georgia, the Republic of 
        Macedonia, and Montenegro have expressed a clear national 
        intent to join NATO and are thereby considered NATO aspirant 
        nations.
            (32) The Governments of Bosnia and Herzegovina, Georgia, 
        the Republic of Macedonia, and Montenegro have met the basic 
        standards for accession (even as specific defense reforms 
        continue) and displayed their willingness and ability to meet 
        the responsibilities of membership in the North Atlantic Treaty 
        Organization, and the accession of these countries, as well as 
        continued development of cooperation with other Partnership for 
        Peace members, would benefit security and stability in Europe 
        and advance United States national security interests.
            (33) The NATO Lisbon Declaration of 2010 also enshrined 
        NATO's commitment to territorial missile defense, stating, 
        ``The threat to NATO European populations, territory and forces 
        posed by the proliferation of ballistic missiles is increasing. 
        As missile defence forms part of a broader response to counter 
        this threat, we have decided that the Alliance will develop a 
        missile defence capability to pursue its core task of 
        collective defence.''.
            (34) Political support for missile defense as a NATO 
        mission will be strongest if the costs and benefits are broadly 
        shared throughout the Alliance, including through greater 
        European financial and industrial contributions to the missile 
        defense mission.
            (35) The NATO Lisbon Declaration reaffirmed the Alliance 
        commitment to fund NATO operations at adequate levels, stating, 
        ``We reaffirm our resolve to continue to provide the resources, 
        including the forces and capabilities required to perform the 
        full range of Alliance missions. . . . We are determined to 
        pursue reform and defence transformation and continue to make 
        our forces more deployable, sustainable, interoperable, and 
        thus more usable.''.

SEC. 3. STATEMENT OF POLICY.

    (a) Enlargement.--It is the policy of the United States--
            (1) to continue to foster the creation of a Europe whole, 
        free, and at peace;
            (2) to support the right of every nation of Europe to 
        choose its own defense alliances and security relationships;
            (3) to reject the notion of privileged spheres of 
        influence;
            (4) to continue to strongly support an ``open door'' policy 
        with respect to the accession of additional countries to the 
        North Atlantic Treaty Organization, including the NATO aspirant 
        nations of Bosnia and Herzegovina, Georgia, the Republic of 
        Macedonia, and Montenegro;
            (5) to continue to provide assistance to countries aspiring 
        to accede to, or deepen relationships with, NATO in terms of 
        providing training, defense planning assistance, military 
        exchanges, and security assistance; and
            (6) to continue to advocate these goals within the NATO 
        alliance and encourage the accession to NATO of all aspirant 
        nations, including Bosnia and Herzegovina, Georgia, the 
        Republic of Macedonia, and Montenegro.
    (b) Deterrence.--With respect to United States forward deployed 
nuclear weapons in Europe, the policy of the United States will be 
guided by the following principles:
            (1) As long as nuclear weapons exist, NATO will remain a 
        nuclear alliance.
            (2) It is critical that NATO, as a nuclear Alliance, share 
        nuclear risks and responsibilities widely.
            (3) A broad aim of NATO is to continue to reduce the role 
        and number of nuclear weapons while recognizing that in the 
        years since the Cold War ended, NATO has already dramatically 
        reduced its reliance on nuclear weapons.
            (4) NATO allies must broaden deterrence against the range 
        of 21st century threats, including by pursuing missile defense.
            (5) In future discussions, the Russian Federation must be 
        persuaded to increase transparency on non-strategic nuclear 
        weapons in Europe and relocate these weapons away from the 
        territory of NATO members.
    (c) NATO Missile Defense.--It is the policy of the United States 
that--
            (1) the European Phased Adaptive Approach (EPAA) is the 
        United States contribution to NATO's mission of territorial 
        defense against ballistic missile attack;
            (2) the United States will fully fund and implement all 
        four phases of the EPAA, consistent with President Obama's 
        letter to the Senate on December 18, 2010;
            (3) the United States will continue to seek further allied 
        contributions to this mission (including radars, sensors, and 
        interceptors), in addition to European commitments regarding 
        NATO's Active Layered Theater Ballistic Missile Defense 
        (ALTBMD); and
            (4) broad allied burden and risk sharing for the NATO 
        territorial missile defense mission will be critical to its 
        long-term viability and success.
    (d) Smart Defense.--It is the policy of the United States--
            (1) to seek defense efficiencies where possible to ensure 
        that the NATO alliance is effective and efficient, including 
        elements of greater specialization, prioritization, and 
        cooperation (pooling and sharing); and
            (2) to nonetheless press NATO allies to reduce the defense 
        gap with the United States by equipping themselves with 
        capabilities that are deemed to be critical, deployable, and 
        sustainable, to meet the agreed upon benchmark of spending at 
        least 2 percent of Gross Domestic Product (GDP) on defense, and 
        to demonstrate political determination to achieve these goals.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that, at the Chicago Summit of the 
North Atlantic Treaty Organization in May 2012, the President should 
lead NATO efforts--
            (1) to ensure that enlargement remains a priority;
            (2) to grant or provide a clear roadmap for the granting of 
        a NATO Membership Action Plan (or other equivalent plan) to 
        Georgia and Bosnia and Herzogovina; and
            (3) to invite, or provide a clear roadmap for inviting, the 
        Republic of Macedonia and Montenegro to join NATO.

SEC. 5. DESIGNATION OF BOSNIA AND HERZEGOVINA AND MONTENEGRO AS 
              ELIGIBLE TO RECEIVE ASSISTANCE UNDER THE NATO 
              PARTICIPATION ACT OF 1994.

    (a) Bosnia and Herzegovina.--
            (1) In general.--Bosnia and Herzegovina is designated as 
        eligible to receive assistance under the program established 
        under section 203(a) of the NATO Participation Act of 1994 
        (title II of Public Law 103-447; 22 U.S.C. 1928 note), and 
        shall be deemed to have been so designated pursuant to section 
        203(d)(1) of such Act.
            (2) Assistance to place immovable defense property under 
        ministry of defense jurisdiction.--Assistance provided pursuant 
        to paragraph (1) shall in part be directed towards encouraging 
        and assisting the Government of Bosnia and Herzegovina in its 
        efforts to place all immovable defense property under the 
        jurisdiction of the Ministry of Defense in order to fulfill the 
        requirements to join the NATO Membership Action Plan.
    (b) Montenegro.--Montenegro is 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)(1) of such Act.

SEC. 6. AUTHORIZATION OF SECURITY ASSISTANCE TO BOSNIA AND HERZOGOVINA 
              AND MONTENEGRO UNDER THE NATO PARTICIPATION ACT OF 1994.

    Of the amounts made available for fiscal year 2012 under section 23 
of the Arms Export Control Act (22 U.S.C. 2763), such sums as may be 
necessary are authorized to be appropriated for assistance to Bosnia 
and Herzegovina and Montenegro.

SEC. 7. REAUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES PREVIOUSLY 
              DESIGNATED AS ELIGIBLE TO RECEIVE ASSISTANCE UNDER THE 
              NATO PARTICIPATION ACT OF 1994.

    Of the amounts made available for fiscal year 2012 under section 23 
of the Arms Export Control Act (22 U.S.C. 2763) such sums as may be 
necessary are authorized to be appropriated for assistance to Georgia, 
the Republic of Macedonia, and Ukraine.

SEC. 8. REAUTHORIZATION OF PROGRAMS TO FACILITATE TRANSITION TO NATO 
              MEMBERSHIP.

    Section 203 of the NATO Participation Act (Public Law 103-447; 22 
U.S.C. 1928 note) is amended--
            (1) in subsection (a)--
                    (A) by striking ``The President may establish a 
                program'' and inserting the following: ``The 
                President--
            ``(1) may establish a program''; and
                    (B) by striking ``pursuant to subsection (d).'' and 
                inserting the following: ``pursuant to subsection (d); 
                and
            ``(2) shall establish and regularly update bilateral 
        programs to assist Bosnia and Herzogovina Georgia, the Republic 
        of Macedonia, and Montenegro to achieve full NATO 
        membership.'';
            (2) in subsection (b)--
                    (A) in paragraph (2), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(4) bilateral exchanges of military officers;
            ``(5) joint assessments of defense needs upon the request 
        of any country designated under subsection (d), including with 
        respect to the objectives under section 1242 of the National 
        Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
        81); and
            ``(6) sales of defense articles and services necessary to 
        maintain sufficient territorial self-defense capabilities in 
        accordance with every nation's right to self-defense under 
        Article 51 of the Charter of the United Nations.'';
            (3) in subsection (c)--
                    (A) by striking paragraph (5);
                    (B) by redesignating paragraphs (2), (3), (4), (6), 
                and (7) as paragraphs (3), (4), (6), (9), and (11), 
                respectively;
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) The transfer of nonlethal excess defense articles 
        under section 516 of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2321j), without regard to the restriction in subsection 
        (a) of such section (relating to the justification of the 
        foreign military financing program for the fiscal year in which 
        a transfer is authorized).'';
                    (D) by inserting after paragraph (4), as 
                redesignated by subparagraph (B), the following new 
                paragraph:
            ``(5) Approval of commercial export sales under the Arms 
        Export Control Act.'';
                    (E) by inserting after paragraph (6), as 
                redesignated by subparagraph (B), the following new 
                paragraphs:
            ``(7) Nonproliferation, Anti-Terrorism, Demining, and 
        Related Programs assistance.
            ``(8) Assistance under section 481 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2291; relating to 
        international narcotics control and law enforcement).''; and
                    (F) by inserting after paragraph (9), as 
                redesignated by subparagraph (B), the following new 
                paragraph:
            ``(10) Military assistance under section 1206 of the 
        National Defense Authorization Act for Fiscal Year 2006 (Public 
        Law 109-163; 119 Stat. 2456).''; and
            (4) by inserting at the end the following new subsection:
    ``(h) Ukraine.--The programs established under subsection (a) shall 
not inhibit security cooperation in terms of interoperability, 
training, reform, joint exercises, and bilateral exchanges with nations 
previously designated as eligible to receive security assistance under 
this Act but no longer expressing a national intent to join the NATO 
Alliance.''.

SEC. 9. PRIORITY DELIVERY OF EXCESS DEFENSE ARTICLES.

    Notwithstanding any other provision of law, the provision and 
delivery of excess defense articles to Bosnia and Herzegovina, Georgia, 
the Republic of Macedonia, and Montenegro under the authority of 
paragraphs (1) and (2) of section 203(c) of the NATO Participation Act 
of 1994 (Public Law 103-447; 22 U.S.C. 1928 note), as amended by 
section 8, and section 516 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2321j) shall be given priority to the maximum extent 
practicable.

SEC. 10. REPORT REQUIRED.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State shall provide to the 
Committee on Foreign Relations and the Committee on Armed Services of 
the Senate and the Committee on Foreign Affairs and the Committee on 
Armed Services of the House of Representatives a report on NATO 
accession and other related policies.
    (b) Content.--The report required under subsection (a) shall 
include the following elements:
            (1) A description of all assistance provided under the 
        programs established under section 203(a) of the NATO 
        Participation Act of 1994 (Public Law 103-447; 22 U.S.C. 1928 
        note), as amended by section 7, or otherwise provided by the 
        United States Government to facilitate the transition to full 
        NATO membership of Bosnia and Herzegovina, Georgia, the 
        Republic of Macedonia, Montenegro, and other countries 
        designated pursuant to section 203(d) of the NATO Participation 
        Act of 1994 (Public Law 103-447; 22 U.S.C. 1928 note).
            (2) A description of United States diplomatic efforts 
        currently underway or anticipated to facilitate an agreement 
        between the Republic of Macedonia and Greece concerning the 
        dispute over the official name of the Republic of Macedonia, 
        taking into consideration the December 5, 2011, judgment by the 
        International Court of Justice concerning the dispute.
            (3) A description of additional national steps, if any, 
        that must be undertaken by Bosnia and Herzegovina, Georgia, the 
        Republic of Macedonia, and Montenegro in terms of reform, 
        doctrine, and readiness in order to meet the qualifications 
        necessary to achieve accession to NATO.
            (4) A description of United States efforts to uphold the 
        sovereignty and territorial integrity of Georgia.
            (5) A description of all current and projected financial 
        and technical contributions by NATO allies to the NATO 
        territorial missile defense mission, including all national 
        assets that have been or will be dedicated to the NATO missile 
        defense mission.
    (c) Form.--The report shall be submitted in unclassified format and 
may be supplemented by a classified annex.
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