S.Amdt. 2272

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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