To require the advice and consent of the Senate or an Act of Congress to suspend, terminate, or withdraw the United States from the North Atlantic Treaty and authorizing related litigation, and for other purposes.

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.
______