I 112th CONGRESS 2d Session H. R. 6290 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.

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.

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.

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.