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.
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.
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.
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.
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.
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.
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.
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.
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.
Notification of treaty action
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.
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.
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.
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.
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.
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.
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