### §1928f. Limitation on withdrawal from the North Atlantic Treaty Organization

#### (a) 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.

#### (b) 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, 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.

#### (c) Notification of Treaty action

#### (1) Consultation

Prior to the notification described in paragraph (2), 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.

#### (2) 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 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.

#### (d) Rule of construction

Nothing in this section 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.

#### (e) 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 subtitle and the application of such provisions to any other person or circumstance shall not be affected thereby.

#### (f) 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.

(Pub. L. 118–31, div. A, title XII, §1250A, Dec. 22, 2023, 137 Stat. 464.)

#### **Editorial Notes**

#### References in Text

This subtitle, referred to in subsecs. (e) and (f), is subtitle C (§§1241–1250B) of title XII of div. A of Pub. L. 118–31, Dec. 22, 2023, 137 Stat. 458, which enacted this section, amended section 9905 of Title 5, Government Organization and Employees, and section 8634 of Title 10, Armed Forces, and enacted provisions set out as notes under section 419 of Title 5 and section 113 of Title 10 and amended provisions set out as a note under section 333 of Title 10. For complete classification of subtitle C to the Code, see Tables.

#### Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2024, and not as part of the Mutual Security Act of 1954 which comprises this chapter.