S.J.Res. 17Senate117th Congress (2021-2023)In Committee

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.

Sponsored by Tim KaineSen. Tim Kaine (D-VA)
Introduced April 15, 2021

AI-Generated Summary

Updated February 8, 2026 at 1:39 AM UTC

This joint resolution makes it illegal for the President to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty (NATO) without first getting the Senate’s advice and consent, which requires a two‑thirds vote, or passing a separate act of Congress. It also blocks the use of federal funds for any withdrawal effort until such approval is obtained, and it sets up notification and legal‑defense procedures for Congress. The bill mainly affects the President, executive officials, and Congress.

Key Provisions

  • President may not withdraw from NATO unless the Senate gives advice and consent with a two‑thirds majority, or Congress passes a law authorizing it.
  • Federal funds cannot be used to support any withdrawal effort until the required Senate or congressional approval is secured.
  • President must consult with and notify the Senate Foreign Relations Committee and the House Foreign Affairs Committee at least 180 days before taking any withdrawal action.
  • Senate and House legal counsel are authorized to represent Congress in court to challenge any unauthorized withdrawal attempt.
  • Legal counsel must report any such judicial actions to the respective foreign affairs committees.
  • Standard rule‑of‑construction, severability, and definitions sections clarify that the resolution does not expand presidential treaty powers.

Legislative Activity

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4 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 337.

April 6, 2022

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SenateIntro Referral

Introduced in Senate

April 15, 2021

SenateIntro Referral

Read twice and referred to the Committee on Foreign Relations. (Sponsor introductory remarks on measure: CR S1990-1991)

April 15, 2021

SenateCommittee

Committee on Foreign Relations. Ordered to be reported with an amendment in the nature of a substitute favorably.

March 29, 2022

SenateCommittee

Committee on Foreign Relations. Reported by Senator Menendez with an amendment in the nature of a substitute. Without written report.

April 6, 2022

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 337.

April 6, 2022

Floor Debate

5 members

What members said about S.J.Res. 17 on the floor

2 Republicans3 Democrats
Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Apr 15, 2021

Mr. President, I rise to speak in support of the ``Canal Conveyance Capacity Restoration Act,'' which I introduced today. Representatives Jim Costa (D-CA) has introduced companion legislation in the…

Tim Kaine
Sen. Tim KaineD-VA · Apr 15, 2021

Mr. President, it is painfully clear that existing Federal policies do not provide a comprehensive approach to address the national epidemic of gun violence. In fact, in 2019, for the third…

Tim Kaine
Sen. Tim KaineD-VA · Apr 15, 2021

Mr. President, throughout his time in office, President Donald Trump repeatedly disparaged our NATO allies and reportedly threatened withdrawal from the NATO alliance, the bedrock of European and…

Mitch McConnell
Sen. Mitch McConnellR-KY · Apr 15, 2021

Mr. President, now, on an entirely different matter, colleagues in Congress and my fellow Kentuckians were heartbroken last June when our dear friend, Carol Leavell Barr, suddenly and unexpectedly…

John Thune
Sen. John ThuneR-SD · Apr 15, 2021

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

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Richard J. Durbin
Sen. Richard J. DurbinD-IL · Apr 15, 2021

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Latest
Reported to SenateIssued April 6, 2022

IIA

Calendar No. 337

117th CONGRESS

2d Session

S. J. RES. 17

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.

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.

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.

3.

Notification of treaty action

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.

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.

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.

6.

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.

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.

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.

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.

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.

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.

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.

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.

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.

April 6, 2022

Reported with an amendment