,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fiia ,,in ,,the ,,house ,,of ,,representatives ,may #bb1 #bjbj,mr4 ,panetta introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs ,a ,,bill ,to prohibit actions to terminate or withdraw the ,united ,states from international treaties without affirmative approval from both ,houses of ,congress1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,preventing ,actions ,undermining ,security without ,endorsement ,act or the ,,pause ,act4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the ,,covid-#ai global pandemic has highlighted the need for ,united ,states leadership to address the full range of international security challenges1 which the ,government of the ,united ,states can do by reaffirming its steadfast commitment to those mutually beneficial treaties and agreements forged with its ,european and ,indo-,pacific allies1 along with other states parties4 7#b7 ,for more than #gj years1 the ,united ,states has shown a bipartisan commitment to the ,north ,atlantic ,treaty ,organization 7,,nato71 specifically to the principle of collective defense enshrined in ,article #e of the ,north ,atlantic ,treaty1 signed at ,washington ,april #d1 #aidi4 7#c7 ,section #abdb of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib7 prohibited the use of funds for the ,united ,states withdrawal from the ,north ,atlantic ,treaty in recognition that the ,,nato alliance remains a cornerstone for peace and prosperity throughout the world4 7#d7 ,on ,january #bb1 #bjai1 the ,house of ,representatives passed ,h4,r4 #fgf 7#aafth ,congress7 on a #ceg-bb vote1 prohibiting the use of funds for the ,united ,states withdrawal from the ,north ,atlantic ,treaty1 and on ,december #ag1 #bjai1 the ,committee on ,foreign ,relations of the ,senate reported out ,s4,j4 ,res4 #d 7#aafth ,congress71 which if enacted into law1 would require approval of two-thirds of the ,senate1 or both ,houses of ,congress1 before the ,president could withdraw the ,united ,states from the treaty4 7#e7 ,the ,treaty on ,open ,skies1 signed at ,helsinki ,march #bd1 #aiib1 provides a critical confidence-building measure for ,euro-,atlantic security to the mutual benefit of the #cd ,states ,parties to the treaty1 and the ,open ,skies ,consultative ,commission 7,,oscc7 is one of the few remaining operational diplomatic forums from which the ,united ,states can engage with the ,russian ,federation4 7#f7 ,although the ,government of the ,united ,states is right to diplomatically press the ,government of the ,russian ,federation to return to full compliance with its obligations under the ,treaty on ,open ,skies1 withdrawal or termination of the treaty would deprive ,united ,states allies and partners of the benefits derived from observation missions over ,russian territory and ,russian occupied ,eastern ,ukraine1 missions that have vastly outnumbered ,russian overflights of ,united ,states territory since entry into force of the treaty4 7#g7 ,the ,mutual ,defense ,treaty ,between the ,united ,states and the ,republic of ,korea1 signed at ,washington ,october #a1 #aiec1 the ratification of which the ,senate advised and consented to on ,january #bf1 #aied1 was born from mutual sacrifice during the ,korean ,war1 is based on shared values and interests1 and remains critical to the national security of the ,united ,states nearly #g decades after its signing4 7#h7 ,a ,february #bjbj report from the ,department of ,state confirmed1 in part1 that verifiable limits on ,russia's strategic nuclear force under the ,new ,,start ,treaty currently contribute to the national security of the ,united ,states4 7#i7 ,a decision by the ,president to allow the ,new ,,start ,treaty to expire on ,february #e1 #bjba1 without the ,united ,states having first successfully concluded a verifiable and binding agreement in its place1 would lead to the ,united ,states losing visibility into the location1 movement1 and disposition of the strategic arsenal of the ,russian ,federation to the detriment of the national security of the ,united ,states and its allies4 7#aj7 ,the ,constitution of the ,united ,states provides ,congress an important role in the treaty process1 requiring the advice and consent of two-thirds of the ,senate for approval of a resolution of ratification4 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,president should refrain from taking any action to withdraw or terminate any international treaty to which the ,senate has given its advice and consent to ratification without proper consultation with1 and affirmative approval from1 ,congress2 7#b7 the #aigi ,supreme ,court decision in ,goldwater v4 ,carter1 #ddd ,u4,s4 #iif 7#aigi71 is not controlling legal precedent with respect to the role of ,congress in the withdrawal or termination of the ,united ,states from an international treaty1 as the ,court directed the lower court to dismiss the complaint and did not address the constitutionality of the decision by ,president ,carter to terminate the ,mutual ,defense ,treaty between the ,united ,states of ,america and the ,republic of ,china1 signed at ,washington ,december #b1 #aied 7commonly referred to as the ,sino-,american ,mutual ,defense ,treaty72 and 7#c7 the ,united ,states should take every action to reinforce its global reputation as a country that fully complies with its obligations under the international treaties to which it is a party4 #d4 ,affirmative congressional approval for termination or withdrawal from an international treaty ,no action to terminate or withdraw the ,united ,states from any international treaty to which the ,senate has given its advice and consent to ratification may occur unless-- 7#a7 the ,secretary of ,defense and the ,secretary of ,state meet the requirements under section #e2 and 7#b7 there is enacted into law a joint resolution that approves such action4 #e4 ,justification1 certifications1 determination1 and strategy on actions to terminate or withdraw the ,united ,states from an international treaty 7a7 ,in general ,not later than #ahj days before the provision of notice of intent to terminate or withdraw the ,united ,states from any international treaty to which the ,senate has given its advice and consent to ratification1 the ,secretary of ,defense and the ,secretary of ,state1 in consultation with the ,director of ,national ,intelligence1 shall each submit to the appropriate committees of ,congress-- 7#a7 a detailed justification for the withdrawal from or termination of the treaty2 7#b7 if the justification described in paragraph 7#a7 includes that a state party to the treaty is in material breach of one or more obligations under the treaty1 a detailed explanation of the steps taken by that state party to return to compliance with such obligations2 7#c7 a certification that all other state parties to the treaty have been consulted with respect to the justification described in paragraph 7#a72 7#d7 a certification that withdrawal from or termination of the treaty would be in the best national interests of the ,united ,states2 7#e7 a certification that the ,united ,states rationale and all steps taken for withdrawal from the treaty are made in compliance with the treaty2 and 7#f7 a comprehensive strategy to mitigate against lost capacity of benefits1 including a superseding treaty or potential new bilateral or multilateral confidence-building measures4 7b7 ,form ,the submission required by subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 7c7 ,applicability to ,new ,strategic ,arms ,reduction ,treaty ,this section shall apply to a decision by the ,president to not renew the ,new ,,start ,treaty for up to an additional #e years4 #f4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,armed ,services and the ,committee on ,foreign ,relations of the ,senate2 and 7,b7 the ,committee on ,armed ,services and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,new ,,start ,treaty ,the term ,new ,,start ,treaty means the ,treaty between the ,united ,states of ,america and the ,russian ,federation on ,measures for the ,further ,reduction and ,limitation of ,strategic ,offensive ,arms1 signed at ,prague ,april #h1 #bjaj4