States that it is the policy of the United States: (1) to protect the role of Congress as a coequal branch of government and ensure protection of its constitutional authority to declare war and support the Armed Forces; (2) to prevent the need for U.S. and international military intervention abroad through the utilization of diplomacy to resolve issues of concern to the United States and the international community; and (3) that no federal funds may be used to carry out any North Atlantic Treaty Organization (NATO) military operation or to deploy a unit of individual of the U.S. Armed Forces or an element of the intelligence community (IC) in support of a NATO military operation unless the President determines that such operation is warranted and seeks express prior authorization by Congress, as required under the Constitution. Provides an exception in the case of a military operation to directly thwart or repel an offensive military action launched against the United States or an ally with whom the United States has a mutual defense assistance agreement.
Prohibits any unit or individual of the U.S. Armed Forces or IC element from being deployed in support of a NATO military operation absent express prior statutory authorization from Congress, unless under the exception described above.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6290 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6290
To prohibit the deployment of a unit or individual of the United States
Armed Forces or element of the intelligence community in support of a
North Atlantic Treaty Organization military operation absent express
prior statutory authorization from Congress for such deployment.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 2, 2012
Mr. Kucinich (for himself and Mr. Young of Alaska) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committees on Armed Services and Select
Intelligence (Permanent Select), for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prohibit the deployment of a unit or individual of the United States
Armed Forces or element of the intelligence community in support of a
North Atlantic Treaty Organization military operation absent express
prior statutory authorization from Congress for such deployment.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds the following:
(1) Article I, section 8 of the Constitution vests solely
in Congress the power to declare war.
(2) The Constitution provides the President with the power
to act as Commander-in-Chief and with the limited power to
utilize the United States Armed Forces to ``repel sudden
attacks''.
(3) The constitutional authority of Congress to declare
war, and the requirement that the President seek Congress'
express prior statutory authorization to deploy United States
Armed Forces are necessary to ensure the collective judgment of
both Congress and the executive branch in making the decision
to deploy United States Armed Forces abroad.
(4) In a May 21, 2011, letter, President Obama notified
congressional leaders that United States military forces had
been deployed to Libya at his direction ``to assist an
international effort authorized by the United Nations Security
Council'', and that ``United Nations Security Council
Resolution 1973 authorized Member States, under Chapter VII of
the U.N. Charter, to take all necessary measures to protect
civilians and civilian populated areas under threat of attack
in Libya, including the establishment and enforcement of a `no-
fly zone' in the airspace of Libya.''.
(5) In a May 20, 2011, letter to congressional leaders,
President Obama wrote that he ``reported to the Congress that
the United States, pursuant to a request from the Arab League
and authorization by the United Nations Security Council, had
acted 2 days earlier to prevent a humanitarian catastrophe by
deploying U.S. forces to protect the people of Libya from the
Qaddafi regime.''.
(6) Section 8(a)(2) of the War Powers Resolution
specifically states that the authority to introduce United
States Armed Forces into hostilities ``shall not be inferred .
. . from any treaty heretofore or hereafter ratified unless
such treaty is implemented by legislation specifically
authorizing the introduction of United States Armed Forces into
hostilities or into such situations and stating that it is
intended to constitute specific statutory authorization within
the meaning of this joint resolution.''.
(7) Section 2(c) of the War Powers Resolution acknowledged
the constitutional powers of President as Commander-in-Chief to
introduce forces into hostilities or imminent hostilities as
``exercised only pursuant to a declaration of war, specific
statutory authorization, or a national emergency created by
attack upon the United States, its territories or possessions,
or its armed forces.''.
(8) The War Powers Resolution was passed by Congress over a
presidential veto in the aftermath of the Vietnam war, to
ensure that Congress had a direct role in the decision to
introduce United States Armed Forces into hostilities.
(9) The introduction of United States Armed Forces into
hostilities authorized by the United Nations or any other
international body aside from the United States Congress is no
substitute for a congressional declaration of war or
authorization for the use of force.
SEC. 2. STATEMENT OF POLICY.
It should be the policy of the United States--
(1) to protect the role of Congress as a coequal branch of
government and ensure the protection of its constitutional
authority to declare war and support the Armed Forces;
(2) to prevent the need for United States and international
military intervention abroad through the utilization of
diplomacy to resolve issues of concern to the United States and
the international community; and
(3) that no funds appropriated or otherwise made available
to any executive agency of the United States Government may be
used to carry out any North Atlantic Treaty Organization
military operation or deploy a unit or individual of the United
States Armed Forces or an element of the intelligence community
in support of a NATO military operation unless the President
determines that such military operation is warranted and seeks
express prior authorization by Congress, as required under
article I, section 8 of the Constitution, except that this
requirement shall not apply to a military operation--
(A) to directly repel an offensive military action
launched against the United States or an ally with whom
the United States has a mutual defense assistance
agreement; or
(B) to directly thwart an imminent offensive
military action to be launched against the United
States or an ally with whom the United States has a
mutual defense assistance agreement.
SEC. 3. PROHIBITION ON DEPLOYMENT OF UNITED STATES ARMED FORCES OR
ELEMENT OF THE INTELLIGENCE COMMUNITY.
(a) Prohibition on Deployment.--Except as provided in subsection
(b), no unit or individual of the United States Armed Forces or an
element of the intelligence community may be deployed in support of a
North Atlantic Treaty Organization military operation absent express
prior statutory authorization from Congress for such deployment.
(b) Exception.--Subsection (a) shall not apply to a military
operation--
(1) to directly repel an offensive military action launched
against the United States or an ally with whom the United
States has a mutual defense assistance agreement; or
(2) to directly thwart an imminent offensive military
action to be launched against the United States or an ally with
whom the United States has a mutual defense assistance
agreement.
(c) Definitions.--In this section--
(1) the term ``deployment'' has the meaning given that term
in section 991(b) of title 10, United States Code; and
(2) the term ``intelligence community'' has the meaning
given the term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
(d) Effective Date.--This section takes effect on the date of the
enactment of this Act and applies with respect to North Atlantic Treaty
Organization military operations initiated on or after such date of
enactment.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Armed Services, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Armed Services, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Armed Services, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line