[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2496 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2496

To prohibit the deployment of United States Armed Forces in support of 
 a United Nations or mutual security treaty military operation absent 
     express prior statutory authorization from Congress for such 
                  deployment, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2013

  Mr. Jones introduced the following bill; which was referred to the 
Committee on Foreign Affairs, and in addition to the Committee on Armed 
Services, 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 United States Armed Forces in support of 
 a United Nations or mutual security treaty military operation absent 
     express prior statutory authorization from Congress for such 
                  deployment, and for other purposes.

    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 does not permit the President and the 
        Senate through the treaty process to transfer article I 
        congressional authority to international and regional 
        organizations.
            (3) From 1789 to 1950, all offensive wars were either 
        declared or authorized by Congress. From 1950 forward, 
        presidents have circumvented Congress and the Constitution by 
        claiming to receive authority from the United Nations Security 
        Council and from such mutual security treaties as the North 
        Atlantic Treaty.
            (4) The Charter of the United Nations requires each member 
        nation to determine its ``constitutional processes'' for 
        reaching a special agreement that contributes troops and 
        equipment to a United Nations military operation. Congress 
        defined United States constitutional processes by enacting the 
        United Nations Participation Act of 1945. Section 6 of such Act 
        (22 U.S.C. 287d) provides: ``The President is authorized to 
        negotiate a special agreement or agreements with the Security 
        Council which shall be subject to the approval of the Congress 
        by appropriate Act or joint resolution . . . .''.
            (5) Section 8(a)(2) of the War Powers Resolution (50 U.S.C. 
        1547(a)(2)) 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''.
            (6) An authorization by the United Nations or any other 
        international or regional body for the introduction of United 
        States Armed Forces into hostilities is not a constitutional 
        substitute for a congressional declaration of war or 
        authorization for the use of force.

SEC. 2. STATEMENT OF POLICY.

    It is the policy of the United States that--
            (1) the constitutional authority of Congress and the system 
        of self-government and popular control established by the 
        Framers of the Constitution shall be protected; and
            (2) any vote of the United Nations Security Council or any 
        party to a mutual security treaty (including NATO and others) 
        shall only be advisory and does not constitute authority to 
        deploy United States Armed Forces.

SEC. 3. PROHIBITIONS ON DEPLOYMENT OF UNITED STATES ARMED FORCES.

    (a) General Prohibition.--No unit or individual of the United 
States Armed Forces may be deployed in support of a United Nations or a 
mutual security treaty military operation absent express prior 
statutory authorization from Congress for such deployment.
    (b) Funding Prohibition.--No funds appropriated or otherwise made 
available to any executive agency of the United States Government may 
be used to carry out any United Nations or mutual security treaty 
military operation unless the President seeks and obtains express prior 
authorization by Congress, as required under article I, section 8 of 
the Constitution.
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