[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2597-S2598]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 429. Mr. KAINE submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

             Subtitle H--Limitation on Withdrawal From NATO

     SEC. 1299O. OPPOSITION OF CONGRESS TO SUSPENSION, 
                   TERMINATION, DENUNCIATION, OR WITHDRAWAL FROM 
                   NORTH ATLANTIC TREATY.

       The President shall not suspend, terminate, denounce, or 
     withdraw the United States from the North Atlantic Treaty, 
     done at Washington, DC, April 4, 1949, except by and with the 
     advice and consent of the Senate, provided that two-thirds of 
     the Senators present concur, or pursuant to an Act of 
     Congress.

     SEC. 1299P. LIMITATION ON THE USE OF FUNDS.

       No funds authorized or appropriated by any Act may be used 
     to support, directly or indirectly, any decision on the part 
     of any United States Government official to suspend, 
     terminate, denounce, or withdraw the United States from the 
     North Atlantic Treaty, done at Washington, DC, April 4, 1949, 
     until such time as both the Senate and the House of 
     Representatives pass, by an affirmative vote of two-thirds of 
     Members, a joint resolution approving the withdrawal of the 
     United States from the treaty, or pursuant to an Act of 
     Congress.

     SEC. 1299Q. NOTIFICATION OF TREATY ACTION.

       (a) Consultation.--Prior to the notification described in 
     subsection (b), the President shall consult with the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     in relation to any initiative to suspend, terminate, 
     denounce, or withdraw the United States from the North 
     Atlantic Treaty.
       (b) Notification.--The President shall notify the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives in writing of 
     any deliberation or decision to suspend, terminate, denounce, 
     or withdraw

[[Page S2598]]

     the United States from the North Atlantic Treaty, as soon as 
     possible but in no event later than 180 days prior to taking 
     such action.

     SEC. 1299R. AUTHORIZATION OF LEGAL COUNSEL TO REPRESENT 
                   CONGRESS.

       (a) In General.--By adoption of a resolution of the Senate 
     or the House of Representatives, respectively, the Senate 
     Legal Counsel or the General Counsel to the House of 
     Representatives may be authorized to initiate, or intervene 
     in, in the name of the Senate or the House of 
     Representatives, as the case may be, independently, or 
     jointly, any judicial proceedings in any Federal court of 
     competent jurisdiction in order to oppose any action to 
     suspend, terminate, denounce, or withdraw the United States 
     from the North Atlantic Treaty in a manner inconsistent with 
     this subtitle.
       (b) Consideration.--Any resolution or joint resolution 
     introduced relating to any action to suspend, terminate, 
     denounce or withdraw the United States from the North 
     Atlantic Treaty and introduced pursuant to section 4(a) of 
     this title shall be considered in accordance with the 
     procedures of section 601(b) of the International Security 
     Assistance and Arms Export Control Act of 1976 (Public Law 
     94-329; 90 Stat. 765).

     SEC. 1299S. REPORTING REQUIREMENT.

       Any legal counsel operating pursuant to section 1299R shall 
     report as soon as practicable to the Committee on Foreign 
     Relations of the Senate or the Committee on Foreign Affairs 
     of the House of Representatives with respect to any judicial 
     proceedings which the Senate Legal Counsel or the General 
     Counsel to the House of Representatives, as the case may be, 
     initiates or in which it intervenes pursuant to section 
     1299R.

     SEC. 1299T. RULE OF CONSTRUCTION.

       Nothing in this subtitle shall be construed to authorize, 
     imply, or otherwise indicate that the President may suspend, 
     terminate, denounce, or withdraw from any treaty to which the 
     Senate has provided its advice and consent without the advice 
     and consent of the Senate to such act or pursuant to an Act 
     of Congress.

     SEC. 1299U. SEVERABILITY.

       If any provision of this subtitle or the application of 
     such provision is held by a Federal court to be 
     unconstitutional, the remainder of this subtitle and the 
     application of such provisions to any other person or 
     circumstance shall not be affected thereby.

     SEC. 1299V. DEFINITIONS.

       In this subtitle, the terms ``withdrawal'', 
     ``denunciation'', ``suspension'', and ``termination'' have 
     the meaning given the terms in the Vienna Convention on the 
     Law of Treaties, concluded at Vienna May 23, 1969.
                                 ______