I 
112TH CONGRESS 
2D SESSION 
H. R. 6290 
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. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 2, 2012 
Mr. KUCINICH (for himself and Mr. YOUNG of Alaska) introduced the fol-
lowing 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 intel-
ligence community in support of a North Atlantic Treaty 
Organization military operation absent express prior stat-
utory authorization from Congress for such deployment. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
Congress finds the following: 
VerDate Mar 15 2010 
23:01 Aug 13, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6290.IH
H6290
sroberts on DSK5SPTVN1PROD with BILLS
(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 di-
rection ‘‘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 pro-
tect civilians and civilian populated areas under 
threat of attack in Libya, including the establish-
ment and enforcement of a ‘no-fly zone’ in the air-
space of Libya.’’. 
VerDate Mar 15 2010 
23:01 Aug 13, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6290.IH
H6290
sroberts on DSK5SPTVN1PROD with BILLS
(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 Resolu-
tion specifically states that the authority to intro-
duce United States Armed Forces into hostilities 
‘‘shall not be inferred . . . from any treaty here-
tofore or hereafter ratified unless such treaty is im-
plemented 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 authoriza-
tion 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 hos-
tilities or imminent hostilities as ‘‘exercised only 
pursuant to a declaration of war, specific statutory 
authorization, or a national emergency created by 
VerDate Mar 15 2010 
23:01 Aug 13, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6290.IH
H6290
sroberts on DSK5SPTVN1PROD with BILLS
attack upon the United States, its territories or pos-
sessions, 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 di-
rect 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 Na-
tions or any other international body aside from the 
United States Congress is no substitute for a con-
gressional declaration of war or authorization for the 
use of force. 
SEC. 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 sup-
port 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 con-
cern to the United States and the international com-
munity; and 
VerDate Mar 15 2010 
23:01 Aug 13, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6290.IH
H6290
sroberts on DSK5SPTVN1PROD with BILLS
(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 oper-
ation or deploy a unit or individual of the United 
States Armed Forces or an element of the intel-
ligence 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 oper-
ation— 
(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 offen-
sive military action to be launched against the 
United States or an ally with whom the United 
States has a mutual defense assistance agree-
ment. 
VerDate Mar 15 2010 
23:01 Aug 13, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6290.IH
H6290
sroberts on DSK5SPTVN1PROD with BILLS
SEC. 3. PROHIBITION ON DEPLOYMENT OF UNITED STATES 
ARMED FORCES OR ELEMENT OF THE INTEL-
LIGENCE COMMUNITY. 
(a) PROHIBITION ON DEPLOYMENT.—Except as pro-
vided 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 Atlan-
tic Treaty Organization military operation absent express 
prior statutory authorization from Congress for such de-
ployment. 
(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 as-
sistance 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 
VerDate Mar 15 2010 
23:01 Aug 13, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6290.IH
H6290
sroberts on DSK5SPTVN1PROD with BILLS
(2) the term ‘‘intelligence community’’ has the 
meaning given the term in section 3(4) of the Na-
tional 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 op-
erations initiated on or after such date of enactment. 
Æ 
VerDate Mar 15 2010 
23:01 Aug 13, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H6290.IH
H6290
sroberts on DSK5SPTVN1PROD with BILLS