[Congressional Record Volume 164, Number 126 (Thursday, July 26, 2018)]
[Senate]
[Pages S5426-S5427]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KAINE (for himself, Mr. Gardner, Mr. Reed, and Mr. 
        McCain):
  S.J. Res. 62. A joint resolution formalizing congressional opposition 
to any withdrawal from the North Atlantic Treaty, requiring the advice 
and consent of the Senate to modify or terminate the North Atlantic 
Treaty, and authorizing litigation to advance the Senate's 
constitutional authority; to the Committee on Foreign Relations.
  Mr. KAINE. Mr. President, I regret it is necessary to introduce 
legislation that prevents a President from withdrawing from NATO. Our 
allies with whom we have fought alongside since World War II and 
earlier in some cases, are seriously questioning our allegiance for the 
first time in the history of the modern international order. President 
Trump has chosen to call our European allies ``foes'' while aligning 
himself with a brutal and repressive authoritarian, Vladimir Putin, 
over the professional assessment of the U.S. intelligence community. 
Troubling news continues to flow from the President's disastrous trip 
to Europe for the NATO summit and his meeting with President Putin in 
Helsinki. And for the first time ever, we are forced to ask what 
options we have to preserve U.S. membership in the primary tool of 
peace and stability for the last 70 years, the North Atlantic Treaty 
Organization.

[[Page S5427]]

  In response to the only invocation of Article 5 of the NATO Treaty, 
more than 1,100 servicemembers from our NATO allies have given their 
lives fighting alongside the United States. This is a sacrifice that 
should not be so easily cast aside by our President who continues to 
inaccurately depict the alliance as a protection racket and 
``obsolete.'' While we must continue to press every country to continue 
increasing defense spending to meet the agreed upon goal of 2 percent 
of GDP by 2024, it is disconcerting to watch the President disparage 
these allies and make threats to withdraw the U.S. from NATO. 
Unfortunately, without action from Congress, this President might try 
to terminate U.S. membership in NATO. For this reason, we must 
affirmatively pronounce our legal position with regards to NATO, use 
our constitutionally required power of advice and consent to block any 
withdrawal and we must preemptively authorize legal proceedings to 
challenge any future decision to withdraw.
  This legislation I am introducing today along with Senators Gardner, 
Reed, and McCain, is a bipartisan message to the President and the 
necessary tool needed to block the President from terminating the NATO 
treaty. It is the affirmative position of the United States Senate, 
supported by this Bill, and previous resolutions passed by this 
Congress, including and by the original vote of 82-13 in 1949 to give 
the Senate's advice and consent to join NATO, that the United States of 
America through their elected officials are unequivocally opposed to 
the U.S. withdrawing from NATO. This legislation also asserts our 
constitutional responsibility to provide advice and consent to U.S. 
membership in treaties. Just as the President sought and received the 
advice and consent to enter into NATO, the President must also receive 
the advice and consent to terminate treaty membership--especially when 
such a decision would be at odds with the opinion of the Senate and the 
American people. Finally, this Bill will authorize Senate Legal Counsel 
to represent the Senate in challenging any decision to withdraw from 
NATO and specifically grant Federal courts jurisdiction to consider the 
case.
  I am proud to have bipartisan support for this bill to ensure that 
the opinion of the Senate is upheld and the safety of the American 
people prioritized through our continued membership in NATO. I strongly 
encourage my colleagues in both the Senate and the House of 
Representatives to support this legislation.

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