House
File
522
-
Introduced
HOUSE
FILE
522
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
circumstances
necessary
prior
to
deployment
1
of
state
military
units
in
active
combat
or
hazardous
2
service
related
to
conflict
in
a
foreign
state.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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522
Section
1.
Section
29A.53,
Code
2023,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
4.
Notwithstanding
any
other
provision
of
3
the
Code,
the
national
guard,
the
air
national
guard,
and
the
4
civil
air
patrol
shall
not
be
released
from
this
state
into
5
active
combat
or
into
hazardous
service
relating
to
an
armed
6
conflict
in
a
foreign
state
pursuant
to
Article
I,
section
8,
7
clause
15,
of
the
United
States
Constitution,
unless
the
United
8
States
has
officially
declared
war
for
the
express
purpose
9
of
repelling
an
invasion,
suppressing
an
insurrection,
or
10
executing
the
laws
of
the
United
States.
11
NEW
SUBSECTION
.
5.
This
section
shall
not
be
construed
12
to
limit
the
authority
of
the
governor
to
consent
to
the
13
deployment
of
troops
pursuant
to
Tit.
32
of
the
United
States
14
Code.
15
Sec.
2.
FEDERAL
POWERS
TO
DECLARE
WAR
——
LEGISLATIVE
16
FINDINGS.
The
general
assembly
finds
that
Article
I,
section
17
8,
of
the
Constitution
of
the
United
States
solely
vests
18
the
power
to
declare
war
in
the
United
States
Congress,
and
19
Congress,
by
abdicating
its
war
powers
to
the
president,
has
20
failed
to
follow
the
Constitution
of
the
United
States
and
the
21
intent
of
its
creators.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
prohibits
the
national
guard,
the
air
national
26
guard,
and
the
civil
air
patrol
from
being
released
from
this
27
state
into
active
combat
or
into
hazardous
service
relating
28
to
an
armed
conflict
in
a
foreign
state
unless
the
United
29
States
has
officially
declared
war
for
the
express
purpose
30
of
repelling
an
invasion,
suppressing
an
insurrection,
or
31
executing
the
laws
of
the
United
States.
The
bill
does
32
not
limit
the
authority
of
the
governor
to
consent
to
the
33
deployment
of
troops
for
defense
support
of
civil
authorities.
34
The
bill
makes
legislative
findings
related
to
United
States
35
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522
congressional
abdication
of
powers
to
declare
war.
1
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