[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.
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