H.R. 2496 — Introduced in House

I 113th CONGRESS 1st Session H. R. 2496 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. 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. 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. 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.