H.R. 1936 — No Invading Allies Act

This section declares the purpose of the Act to restrict the President from ordering or using U.S. Armed Forces to invade or seize territory from Canada, Panama, or Greenland absent a declaration of war, congressional authorization, or a national emergency from attack or imminent threat against the United States, its territories or possessions, or its Armed Forces. It states that this restriction reaffirms U.S. commitment to a rules-based international order and democratic values, honors alliances and partnerships, and opposes territorial aggression.

This section prohibits the obligation or expenditure of funds available for the United States Armed Forces for operations to invade or seize territory from Canada, the Republic of Panama, or the self-governing territory of Greenland absent (1) a declaration of war by Congress, (2) specific statutory authorization by Congress, or (3) a national emergency created by attack upon or imminent threat of attack to the United States, its territories or possessions, or its Armed Forces. It further limits the use of such funds during a national emergency to the 60-day period beginning on the date of introduction of United States Armed Forces into hostilities or situations where imminent involvement in hostilities is clearly indicated.

This section provides a rule of construction clarifying that nothing in the Act (1) alters the constitutional authority of Congress or the President, or the provisions of existing treaties; or (2) applies to activities approved and reported pursuant to section 503 of the National Security Act of 1947 (50 U.S.C. 3093) (i.e., covert actions, which require a presidential finding specifying the action's necessity for U.S. foreign policy objectives and national security, the participating U.S. government entities, and any third-party involvement).

This section defines the term “introduction of United States Armed Forces” for purposes of this Act to include the assignment of members of such forces to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such forces are engaged, or there exists an imminent threat that such forces will become engaged, in hostilities.