A 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.
Bill: S.J.Res.17 | Sponsor: Sen. Kaine, Tim (D-VA)
Policy area: International Affairs

Summary:
This joint resolution requires either the advice and consent of the Senate or an act of Congress before the President may suspend, denounce, or withdraw the United States from the North Atlantic Treaty. No funds may be used to support any efforts to suspend, denounce, or withdraw the United States from the treaty unless (1) both the House and the Senate pass a joint resolution approving withdrawal by a two-thirds vote, or (2) the funds are used pursuant to an act of Congress.
The President shall notify Congress in writing of any effort to suspend, denounce, or withdraw from the treaty at least 180 days before taking such action. The President must also consult with Congress before providing such written notification.
This joint resolution also authorizes the Senate Legal Counsel and the General Counsel of the House of Representatives to represent Congress in judicial proceedings related to actions that are inconsistent with this resolution.

Calendar No. 337
117th CONGRESS
  2d Session
S. J. RES. 17

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

                             April 15, 2021

  Mr. Kaine (for himself, Mr. Rubio, Mr. Blumenthal, Ms. Collins, Mr. 
Coons, Ms. Duckworth, Mr. Durbin, Mrs. Feinstein, Mr. Graham, Mr. King, 
 Ms. Klobuchar, Mr. Merkley, Mr. Moran, Mrs. Shaheen, Mr. Warner, Mr. 
   Cruz, Mr. Cardin, and Mr. Romney) introduced the following joint 
   resolution; which was read twice and referred to the Committee on 
                           Foreign Relations

                             April 6, 2022

              Reported by Mr. Menendez, 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.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

<DELETED>SECTION 1. OPPOSITION OF CONGRESS TO SUSPENSION, TERMINATION, 
              DENUNCIATION, OR WITHDRAWAL FROM NORTH ATLANTIC 
              TREATY.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 2. LIMITATION ON THE USE OF FUNDS.</DELETED>

<DELETED>    No funds authorized or appropriated by any Act may be used 
to support, directly or indirectly, any efforts on the part of any 
United States Government official to take steps 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.</DELETED>

<DELETED>SEC. 3. NOTIFICATION OF TREATY ACTION.</DELETED>

<DELETED>    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 effort to suspend, 
terminate, denounce, or withdraw the United States from the North 
Atlantic Treaty, as soon as possible but in no event later than 48 
hours after any such action is taken.</DELETED>

<DELETED>SEC. 4. AUTHORIZATION OF LEGAL COUNSEL TO REPRESENT 
              CONGRESS.</DELETED>

<DELETED>    Both the Senate Legal Counsel and the General Counsel to 
the House of Representatives are authorized to independently or 
collectively represent Congress in initiating or intervening in any 
judicial proceedings in any Federal court of competent jurisdiction on 
behalf of Congress in order to oppose any effort to suspend, terminate, 
denounce, or withdraw the United States from the North Atlantic Treaty 
in a manner inconsistent with this joint resolution.</DELETED>

<DELETED>SEC. 5. REPORTING REQUIREMENT.</DELETED>

<DELETED>    Any legal counsel operating pursuant to section 4 shall 
report as soon as practicable to the Committee on Foreign Relations of 
the Senate and 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 4.</DELETED>

<DELETED>SEC. 6. DEFINITIONS.</DELETED>

<DELETED>    In this resolution, 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.</DELETED>

SECTION 1. 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. 2. LIMITATION ON THE USE OF FUNDS.

    No funds authorized or appropriated by any Act may be used to 
support, directly or indirectly, any efforts on the part of any United 
States Government official to take steps 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. 3. 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 effort 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 effort 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.

SEC. 4. AUTHORIZATION OF LEGAL COUNSEL TO REPRESENT CONGRESS.

    Both the Senate Legal Counsel and the General Counsel to the House 
of Representatives are authorized to independently or collectively 
represent Congress in initiating or intervening in any judicial 
proceedings in any Federal court of competent jurisdiction on behalf of 
Congress in order to oppose any effort to suspend, terminate, denounce, 
or withdraw the United States from the North Atlantic Treaty in a 
manner inconsistent with this joint resolution.

SEC. 5. REPORTING REQUIREMENT.

    Any legal counsel operating pursuant to section 4 shall report as 
soon as practicable to the Committee on Foreign Relations of the Senate 
and 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 4.

SEC. 6. RULE OF CONSTRUCTION.

    Nothing in this resolution 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. 7. SEVERABILITY.

    If any provision of this resolution or the application of such 
provision is held by a Federal court to be unconstitutional, the 
remainder of this resolution and the application of the provisions of 
such to any person or circumstance shall not be affected thereby.

SEC. 8. DEFINITIONS.

    In this resolution, 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.




                                                       Calendar No. 337

117th CONGRESS

  2d Session

                             S. J. RES. 17

_______________________________________________________________________

                            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.

_______________________________________________________________________

                             April 6, 2022

                       Reported with an amendment