I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FINDINGS. 

4 Congress finds the following: 

5 (1) Article I, section 8 of the Constitution vests 

6 solely in Congress the power to declare war. 


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1 (2) The Constitution does not permit the Presi2 dent and the Senate through the treaty process to 

3 transfer article I congressional authority to inter4 national and regional organizations. 

5 (3) From 1789 to 1950, all offensive wars were 

6 either declared or authorized by Congress. From 

7 1950 forward, presidents have circumvented Con8 gress and the Constitution by claiming to receive au9 thority from the United Nations Security Council 

10 and from such mutual security treaties as the North 

11 Atlantic Treaty. 

12 (4) The Charter of the United Nations requires 

13 each member nation to determine its ‘‘constitutional 

14 processes’’ for reaching a special agreement that 

15 contributes troops and equipment to a United Na16 tions military operation. Congress defined United 

17 States constitutional processes by enacting the 

18 United Nations Participation Act of 1945. Section 6 

19 of such Act (22 U.S.C. 287d) provides: ‘‘The Presi20 dent is authorized to negotiate a special agreement 

21 or agreements with the Security Council which shall 

22 be subject to the approval of the Congress by appro23 priate Act or joint resolution . . . .’’. 

24 (5) Section 8(a)(2) of the War Powers Resolu25 tion (50 U.S.C. 1547(a)(2)) specifically states that 


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1 the authority to introduce United States Armed 

2 Forces into hostilities shall not be inferred ‘‘from 

3 any treaty heretofore or hereafter ratified unless 

4 such treaty is implemented by legislation specifically 

5 authorizing the introduction of United States Armed 

6 Forces into hostilities or into such situations and 

7 stating that it is intended to constitute specific stat8 utory authorization within the meaning of this joint 

9 resolution’’. 

10 (6) An authorization by the United Nations or 

11 any other international or regional body for the in12 troduction of United States Armed Forces into hos13 tilities is not a constitutional substitute for a con14 gressional declaration of war or authorization for the 

15 use of force. 

16 SEC. 2. STATEMENT OF POLICY. 

17 It is the policy of the United States that— 

18 (1) the constitutional authority of Congress and 

19 the system of self-government and popular control 

20 established by the Framers of the Constitution shall 

21 be protected; and 

22 (2) any vote of the United Nations Security 

23 Council or any party to a mutual security treaty (in24 cluding NATO and others) shall only be advisory 


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1 and does not constitute authority to deploy United 

2 States Armed Forces. 

3 SEC. 3. PROHIBITIONS ON DEPLOYMENT OF UNITED 

4 STATES ARMED FORCES. 

5 (a) GENERAL PROHIBITION.—No unit or individual 

6 of the United States Armed Forces may be deployed in 

7 support of a United Nations or a mutual security treaty 

8 military operation absent express prior statutory author9 ization from Congress for such deployment. 

10 (b) FUNDING PROHIBITION.—No funds appropriated 

11 or otherwise made available to any executive agency of the 

12 United States Government may be used to carry out any 

13 United Nations or mutual security treaty military oper14 ation unless the President seeks and obtains express prior 

15 authorization by Congress, as required under article I, sec16 tion 8 of the Constitution. 

Æ 


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