IIA 

Calendar No. 335 

116TH CONGRESS 

1ST SESSION S. J. RES. 4 

Requiring 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. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 17, 2019 

Mr. KAINE (for himself, Mr. GARDNER, Mr. REED, Mr. GRAHAM, Mr. 

BLUMENTHAL, Mr. RUBIO, Mr. COONS, Ms. COLLINS, Mr. DURBIN, Mrs. 

FEINSTEIN, Mr. MORAN, Mr. JONES, Mr. SULLIVAN, Mr. MENENDEZ, 

Mrs. SHAHEEN, and Mr. MARKEY) introduced the following joint resolution; which was read twice and referred to the Committee on Foreign Relations 

DECEMBER 17, 2019 

Reported by Mr. RISCH, with an amendment 

[Strike out all after the resolving clause and insert the part printed in italic] 

JOINT RESOLUTION 

Requiring 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. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 


kjohnson on DSK79L0C42 with BILLS
2 

•SJ 4 RS 

1 SECTION 1. OPPOSITION OF CONGRESS TO SUSPENSION, 

2 TERMINATION, OR WITHDRAWAL FROM 

3 NORTH ATLANTIC TREATY. 

4 The President shall not suspend, terminate, or with5 draw the United States from the North Atlantic Treaty, 

6 done at Washington, DC, April 4, 1949, except by and 

7 with the advice and consent of the Senate, provided that 

8 two thirds of the Senators present concur, or pursuant to 

9 an Act of Congress. 

10 SEC. 2. LIMITATION ON THE USE OF FUNDS. 

11 No funds authorized or appropriated by any Act may 

12 be used to support, directly or indirectly, any efforts on 

13 the part of any United States Government official to take 

14 steps to suspend, terminate, or withdraw the United 

15 States from the North Atlantic Treaty, done at Wash16 ington, DC, April 4, 1949, until such time as the Senate 

17 passes, by an affirmative vote of two-thirds of Members, 

18 a resolution advising and consenting to the withdrawal of 

19 the United States from the treaty or pursuant to an Act 

20 of Congress. 

21 SEC. 3. NOTIFICATION OF TREATY ACTION. 

22 The President shall notify the Committee on Foreign 

23 Relations of the Senate and the Committee on Foreign 

24 Affairs of the House of Representatives in writing of any 

25 effort to suspend, terminate, or withdraw the United 

26 States from the North Atlantic Treaty, as soon as possible 


kjohnson on DSK79L0C42 with BILLS
3 

•SJ 4 RS 

1 but in no event later than 48 hours after any such action 

2 is taken. 

3 SEC. 4. AUTHORIZATION OF LEGAL COUNSEL TO REP4 RESENT CONGRESS. 

5 Both the Senate Legal Counsel and the General 

6 Counsel to the House of Representatives are authorized 

7 to independently or collectively represent Congress in initi8 ating or intervening in any judicial proceedings in any 

9 Federal court of competent jurisdiction on behalf of Con10 gress in order to oppose any effort to suspend, terminate, 

11 or withdraw the United States from the North Atlantic 

12 Treaty in a manner inconsistent with this joint resolution. 

13 SEC. 5. REPORTING REQUIREMENT. 

14 Any legal counsel operating pursuant to section 4 

15 shall report as soon as practicable to the Committee on 

16 Foreign Relations of the Senate and the Committee on 

17 Foreign Affairs of the House of Representatives with re18 spect to any judicial proceedings which the Senate Legal 

19 Counsel or the General Counsel to the House of Rep20 resentatives, as the case may be, initiates or in which it 

21 intervenes pursuant to this resolution. 


kjohnson on DSK79L0C42 with BILLS
4 

•SJ 4 RS 

1 SECTION 1. OPPOSITION OF CONGRESS TO SUSPENSION, 

2 TERMINATION, DENUNCIATION, OR WITH3 DRAWAL FROM NORTH ATLANTIC TREATY. 

4 The President shall not suspend, terminate, denounce, 

5 or withdraw the United States from the North Atlantic 

6 Treaty, done at Washington, DC, April 4, 1949, except by 

7 and with the advice and consent of the Senate, provided 

8 that two thirds of the Senators present concur, or pursuant 

9 to an Act of Congress. 

10 SEC. 2. LIMITATION ON THE USE OF FUNDS. 

11 No funds authorized or appropriated by any Act may 

12 be used to support, directly or indirectly, any efforts on the 

13 part of any United States Government official to take steps 

14 to suspend, terminate, denounce, or withdraw the United 

15 States from the North Atlantic Treaty, done at Washington, 

16 DC, April 4, 1949, until such time as both the Senate and 

17 the House of Representatives pass, by an affirmative vote 

18 of two-thirds of Members, a joint resolution approving the 

19 withdrawal of the United States from the treaty or pursu20 ant to an Act of Congress. 

21 SEC. 3. NOTIFICATION OF TREATY ACTION. 

22 The President shall notify the Committee on Foreign 

23 Relations of the Senate and the Committee on Foreign Af24 fairs of the House of Representatives in writing of any effort 

25 to suspend, terminate, denounce, or withdraw the United 

26 States from the North Atlantic Treaty, as soon as possible 


kjohnson on DSK79L0C42 with BILLS
5 

•SJ 4 RS 

1 but in no event later than 48 hours after any such action 

2 is taken. 

3 SEC. 4. AUTHORIZATION OF LEGAL COUNSEL TO REP4 RESENT CONGRESS. 

5 Both the Senate Legal Counsel and the General Coun6 sel to the House of Representatives are authorized to inde7 pendently or collectively represent Congress in initiating or 

8 intervening in any judicial proceedings in any Federal 

9 court of competent jurisdiction on behalf of Congress in 

10 order to oppose any effort to suspend, terminate, denounce, 

11 or withdraw the United States from the North Atlantic 

12 Treaty in a manner inconsistent with this joint resolution. 

13 SEC. 5. REPORTING REQUIREMENT. 

14 Any legal counsel operating pursuant to section 4 shall 

15 report as soon as practicable to the Committee on Foreign 

16 Relations of the Senate and the Committee on Foreign Af17 fairs of the House of Representatives with respect to any 

18 judicial proceedings which the Senate Legal Counsel or the 

19 General Counsel to the House of Representatives, as the case 

20 may be, initiates or in which it intervenes pursuant to sec21 tion 4. 

22 SEC. 6. DEFINITIONS. 

23 In this resolution, the terms ‘‘withdrawal’’, ‘‘denuncia24 tion’’, ‘‘suspension’’, and ‘‘termination’’ have the meaning 


kjohnson on DSK79L0C42 with BILLS
6 

•SJ 4 RS 

1 given the terms in the Vienna Convention on the Law of 

2 Treaties, concluded at Vienna May 23, 1969. 


kjohnson on DSK79L0C42 with BILLS

kjohnson on DSK79L0C42 with BILLS
Calendar No. 335 

116TH CONGRESS 

1ST SESSION S. J. RES. 4 

JOINT RESOLUTION 

Requiring the advice and consent of the Senate or 

and for other purposes. lantic Treaty and authorizing related litigation, withdraw the United States from the North Atan Act of Congress to suspend, terminate, or 

DECEMBER 17, 2019 

Reported with an amendment 


kjohnson on DSK79L0C42 with BILLS