Title: A joint resolution formalizing congressional opposition to any withdrawal from the North Atlantic Treaty, requiring the advice and consent of the Senate to modify or terminate the North Atlantic Treaty, and authorizing litigation to advance the Senate's constitutional authority.
Policy area: International Affairs

Summary:
This joint resolution states that Congress opposes any effort to withdraw the United States from the North Atlantic Treaty.
The President may withdraw from the North Atlantic Treaty, in accordance with its terms and pursuant to the advice and consent of the Senate, only if two-thirds of the Senators present concur, or pursuant to an Act of Congress.
The Senate Legal Counsel may represent the Senate in initiating or intervening in federal judicial proceedings to oppose U.S. withdrawal from the North Atlantic Treaty and to ensure that any such withdrawal is pursuant to the advice and consent of the Senate or an Act of Congress.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 62 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
S. J. RES. 62

 Formalizing congressional opposition to any withdrawal from the North 
  Atlantic Treaty, requiring the advice and consent of the Senate to 
    modify or terminate the North Atlantic Treaty, and authorizing 
      litigation to advance the Senate's constitutional authority.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2018

    Mr. Kaine (for himself, Mr. Gardner, Mr. Reed, and Mr. McCain) 
  introduced the following joint resolution; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                            JOINT RESOLUTION


 
 Formalizing congressional opposition to any withdrawal from the North 
  Atlantic Treaty, requiring the advice and consent of the Senate to 
    modify or terminate the North Atlantic Treaty, and authorizing 
      litigation to advance the Senate's constitutional authority.

Whereas the President is constitutionally required to seek the advice and 
        consent of the Senate in order to enter into a treaty on behalf of the 
        United States and must therefore seek the advice and consent of the 
        Senate to withdraw from a treaty: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. OPPOSITION OF CONGRESS TO WITHDRAWAL FROM NORTH ATLANTIC 
              TREATY.

    Congress opposes any effort to withdraw the United States from the 
North Atlantic Treaty, done at Washington, DC, April 4, 1949.

SEC. 2. REQUIREMENT TO RECEIVE THE ADVICE AND CONSENT OF THE SENATE TO 
              MODIFY OR TERMINATE THE NORTH ATLANTIC TREATY.

    The President may only withdraw from the North Atlantic Treaty, in 
accordance with its terms, pursuant to the advice and consent of the 
Senate, provided that two thirds of the Senators present concur, or 
pursuant to an Act of Congress.

SEC. 3. AUTHORIZATION OF SENATE LEGAL COUNSEL TO REPRESENT THE SENATE 
              IN OPPOSITION TO WITHDRAWAL FROM NORTH ATLANTIC TREATY.

    The Senate Legal Counsel is authorized to represent the Senate in 
initiating or intervening in any judicial proceedings in any Federal 
court of competent jurisdiction, on behalf of the Senate, in order to 
oppose any withdrawal of the United States from the North Atlantic 
Treaty and to ensure that such withdrawal is pursuant to the advice and 
consent of the Senate or an Act of Congress.

SEC. 4. REPORTING REQUIREMENT.

    The Senate Legal Counsel 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 initiates or in 
which it intervenes pursuant to this resolution.
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