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.

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 resolu- tion; which was read twice and referred to the Committee on Foreign Re- lations 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 au- thorizing related litigation, and for other purposes. Resolved by the Senate and House of Representatives 1 of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 04:17 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\SJ4.RS SJ4 kjohnson on DSK79L0C42 with BILLS 2 •SJ 4 RS SECTION 1. OPPOSITION OF CONGRESS TO SUSPENSION, 1 TERMINATION, OR WITHDRAWAL FROM 2 NORTH ATLANTIC TREATY. 3 The President shall not suspend, terminate, or with- 4 draw the United States from the North Atlantic Treaty, 5 done at Washington, DC, April 4, 1949, except by and 6 with the advice and consent of the Senate, provided that 7 two thirds of the Senators present concur, or pursuant to 8 an Act of Congress. 9 SEC. 2. LIMITATION ON THE USE OF FUNDS. 10 No funds authorized or appropriated by any Act may 11 be used to support, directly or indirectly, any efforts on 12 the part of any United States Government official to take 13 steps to suspend, terminate, or withdraw the United 14 States from the North Atlantic Treaty, done at Wash- 15 ington, DC, April 4, 1949, until such time as the Senate 16 passes, by an affirmative vote of two-thirds of Members, 17 a resolution advising and consenting to the withdrawal of 18 the United States from the treaty or pursuant to an Act 19 of Congress. 20 SEC. 3. NOTIFICATION OF TREATY ACTION. 21 The President shall notify the Committee on Foreign 22 Relations of the Senate and the Committee on Foreign 23 Affairs of the House of Representatives in writing of any 24 effort to suspend, terminate, or withdraw the United 25 States from the North Atlantic Treaty, as soon as possible 26 VerDate Sep 11 2014 04:17 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\SJ4.RS SJ4 kjohnson on DSK79L0C42 with BILLS 3 •SJ 4 RS but in no event later than 48 hours after any such action 1 is taken. 2 SEC. 4. AUTHORIZATION OF LEGAL COUNSEL TO REP- 3 RESENT CONGRESS. 4 Both the Senate Legal Counsel and the General 5 Counsel to the House of Representatives are authorized 6 to independently or collectively represent Congress in initi- 7 ating or intervening in any judicial proceedings in any 8 Federal court of competent jurisdiction on behalf of Con- 9 gress in order to oppose any effort to suspend, terminate, 10 or withdraw the United States from the North Atlantic 11 Treaty in a manner inconsistent with this joint resolution. 12 SEC. 5. REPORTING REQUIREMENT. 13 Any legal counsel operating pursuant to section 4 14 shall report as soon as practicable to the Committee on 15 Foreign Relations of the Senate and the Committee on 16 Foreign Affairs of the House of Representatives with re- 17 spect to any judicial proceedings which the Senate Legal 18 Counsel or the General Counsel to the House of Rep- 19 resentatives, as the case may be, initiates or in which it 20 intervenes pursuant to this resolution. 21 VerDate Sep 11 2014 04:17 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\SJ4.RS SJ4 kjohnson on DSK79L0C42 with BILLS 4 •SJ 4 RS SECTION 1. OPPOSITION OF CONGRESS TO SUSPENSION, 1 TERMINATION, DENUNCIATION, OR WITH- 2 DRAWAL FROM NORTH ATLANTIC TREATY. 3 The President shall not suspend, terminate, denounce, 4 or withdraw the United States from the North Atlantic 5 Treaty, done at Washington, DC, April 4, 1949, except by 6 and with the advice and consent of the Senate, provided 7 that two thirds of the Senators present concur, or pursuant 8 to an Act of Congress. 9 SEC. 2. LIMITATION ON THE USE OF FUNDS. 10 No funds authorized or appropriated by any Act may 11 be used to support, directly or indirectly, any efforts on the 12 part of any United States Government official to take steps 13 to suspend, terminate, denounce, or withdraw the United 14 States from the North Atlantic Treaty, done at Washington, 15 DC, April 4, 1949, until such time as both the Senate and 16 the House of Representatives pass, by an affirmative vote 17 of two-thirds of Members, a joint resolution approving the 18 withdrawal of the United States from the treaty or pursu- 19 ant to an Act of Congress. 20 SEC. 3. NOTIFICATION OF TREATY ACTION. 21 The President shall notify the Committee on Foreign 22 Relations of the Senate and the Committee on Foreign Af- 23 fairs of the House of Representatives in writing of any effort 24 to suspend, terminate, denounce, or withdraw the United 25 States from the North Atlantic Treaty, as soon as possible 26 VerDate Sep 11 2014 04:17 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\SJ4.RS SJ4 kjohnson on DSK79L0C42 with BILLS 5 •SJ 4 RS but in no event later than 48 hours after any such action 1 is taken. 2 SEC. 4. AUTHORIZATION OF LEGAL COUNSEL TO REP- 3 RESENT CONGRESS. 4 Both the Senate Legal Counsel and the General Coun- 5 sel to the House of Representatives are authorized to inde- 6 pendently or collectively represent Congress in initiating or 7 intervening in any judicial proceedings in any Federal 8 court of competent jurisdiction on behalf of Congress in 9 order to oppose any effort to suspend, terminate, denounce, 10 or withdraw the United States from the North Atlantic 11 Treaty in a manner inconsistent with this joint resolution. 12 SEC. 5. REPORTING REQUIREMENT. 13 Any legal counsel operating pursuant to section 4 shall 14 report as soon as practicable to the Committee on Foreign 15 Relations of the Senate and the Committee on Foreign Af- 16 fairs of the House of Representatives with respect to any 17 judicial proceedings which the Senate Legal Counsel or the 18 General Counsel to the House of Representatives, as the case 19 may be, initiates or in which it intervenes pursuant to sec- 20 tion 4. 21 SEC. 6. DEFINITIONS. 22 In this resolution, the terms ‘‘withdrawal’’, ‘‘denuncia- 23 tion’’, ‘‘suspension’’, and ‘‘termination’’ have the meaning 24 VerDate Sep 11 2014 04:17 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\SJ4.RS SJ4 kjohnson on DSK79L0C42 with BILLS 6 •SJ 4 RS given the terms in the Vienna Convention on the Law of 1 Treaties, concluded at Vienna May 23, 1969. 2 VerDate Sep 11 2014 04:17 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\SJ4.RS SJ4 kjohnson on DSK79L0C42 with BILLS VerDate Sep 11 2014 04:17 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\SJ4.RS SJ4 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 an Act of Congress to suspend, terminate, or withdraw the United States from the North At- lantic Treaty and authorizing related litigation, and for other purposes. DECEMBER 17, 2019 Reported with an amendment VerDate Sep 11 2014 04:17 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\SJ4.RS SJ4 kjohnson on DSK79L0C42 with BILLS