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