[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S4608]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2272. Mr. KAINE submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 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 subtitle F of title XII, add the following:

     SEC. 1291. LEADERSHIP WITHIN NATO.

       (a) Findings.--Congress makes the following findings:
       (1) On July 21, 1949, the Senate provided its advice and 
     consent to the ratification of the North Atlantic Treaty, and 
     the United States deposited its instrument of ratification 
     July 25, 1949.
       (2) By custom and tradition since 1950, when the position 
     of Supreme Allied Commander Europe has fallen vacant, the 
     North Atlantic Council has invited the President of the 
     United States to nominate a United States military officer to 
     fill the post.
       (3) In Neely v. Henkel, 180 U.S. 109 (1901), the Supreme 
     Court affirmatively asserted the authority of Congress to 
     enact such legislation as is appropriate to administer and 
     regulate the implementation of treaties with foreign powers 
     as entered into by the United States with the advice and 
     consent of the Senate.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States remains the strongest military power 
     within the North Atlantic Treaty Organization (NATO) alliance 
     (in this Act referred to as the ``Alliance''); and
       (2) United States leadership of Alliance military 
     operations symbolizes the continuing commitment of the United 
     States to the Alliance and to the defense of mutual security 
     interests and the deterrence of shared threats.
       (c) Nominations for Supreme Allied Commander Europe.--
       (1) Acceptance of invitation to nominate.--The President 
     shall accept any invitation provided by the North Atlantic 
     Council to nominate a United States military officer to 
     assume the position of NATO's Supreme Allied Commander 
     Europe.
       (2) Requirement to nominate.--Upon receipt of any 
     invitation from the North Atlantic Council to nominate a 
     United States military officer to assume the position of 
     NATO's Supreme Allied Commander Europe, or upon any vacancy 
     or anticipated vacancy in the position of NATO's Supreme 
     Allied Commander Europe, the President shall nominate for 
     this position the commander of the combatant command the 
     geographic area of responsibility of which includes Europe, 
     or a general or flag officer of equivalent rank to that 
     combatant commander.
       (d) Severability.--If any provision of this section or the 
     application of such provision is held by a Federal court to 
     be unconstitutional, the remainder of this section and the 
     application of such provisions to any other person or 
     circumstance shall not be affected thereby.
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