II

106TH CONGRESS

2D SESSION S. 2851

To require certain information from the President before certain deployments

of the Armed Forces, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 12, 2000

Mr. CLELAND (for himself and Mr. JEFFORDS) introduced the following bill;

which was read twice and referred to the Committee on Foreign Relations

A BILL

To require certain information from the President before

certain deployments of the Armed Forces, 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. REPORT ON CERTAIN INFORMATION BEFORE

4 CERTAIN DEPLOYMENTS OF ARMED FORCES.

5 (a) PROHIBITION ON USE OF APPROPRIATED FUNDS

6 FOR DEPLOYMENT BEFORE REPORT.—Except as pro7 vided in subsection (d), the President may not obligate

8 or expend any appropriated funds for a deployment of the

9 Armed Forces referred to in subsection (b) until the Presi10 dent submits to the appropriate officials and committees
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1 of Congress a report on the deployment meeting the re2 quirements of subsection (c).

3 (b) COVERED DEPLOYMENTS.—A deployment of the

4 Armed Forces referred to in this subsection is a deploy5 ment of the Armed Forces—

6 (1) into hostilities;

7 (2) into situations where imminent involvement

8 in hostilities is clearly indicated by the cir9 cumstances;

10 (3) in a contingency operation; or

11 (4) to or with a multilateral organization.

12 (c) REPORT.—The report on a deployment under this

13 section shall—

14 (1) specify the vital national interests at stake

15 which require the deployment, the likely con16 sequences of the deployment on such interests and

17 on any other national interests, and the adverse con18 sequences to such interests of the absence of such

19 deployment;

20 (2) specify why diplomatic and other means

21 (other than the deployment) are unable to secure the

22 interests specified under paragraph (1);

23 (3) identify concrete policy objectives which are

24 to be achieved by the deployment, the specific mili25 tary missions which are designed to achieve each
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1 such policy objective, and the anticipated date, or

2 the set of conditions, that defines the endpoint of

3 the deployment; and

4 (4) specify the authority for the deployment

5 under the Constitution and under international law.

6 (d) EXCEPTION.—(1) Subsection (a) shall not apply

7 in the case of a deployment in response to a war or na8 tional emergency declared by the President or Congress

9 that is caused by an attack on the United States, or its

10 territories or possessions, or on the Armed Forces abroad.

11 (2) If subsection (a) does not apply with respect to

12 a deployment by reason of paragraph (1), the President

13 shall submit to the appropriate officials and committees

14 of Congress a report on the deployment that meets the

15 requirements of subsection (c) as soon as practicable after

16 the date of the deployment.

17 (e) CONSTRUCTION WITH WAR POWERS RESOLU18 TION.—(1) Compliance with the provisions of this section

19 with respect to a deployment shall satisfy the requirements

20 of section 4(a) of the War Powers Resolution (50 U.S.C.

21 1543(a)) with respect to the deployment.

22 (2) Nothing in this section shall affect the applica23 bility of section 5 of the War Powers Resolution (50

24 U.S.C. 1544) to any deployment referred to in subsection

25 (b).
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1 (f) DEFINITIONS.—In this section:

2 (1) The term ‘‘appropriate officials and com3 mittees of Congress’’ means the following:

4 (A) The President pro tempore of the Sen5 ate.

6 (B) The Speaker of the House of Rep7 resentatives.

8 (C) The Committees on Armed Services

9 and Foreign Relations of the Senate.

10 (D) The Committees on Armed Services

11 and International Relations of the House of

12 Representatives.

13 (2) The term ‘‘contingency operation’’ has the

14 meaning given that term in section 101 of title 10,

15 United States Code.

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