HR 5962
Subject: Urgent Concerns Regarding H.R. 5962 and Its Infringement on Presidential Authority
Dear,
I am writing to express my profound concerns about H.R. 5962, the Abducted Ukrainian Children Recovery and Accountability Act, which was introduced in the House on November 7, 2025, and referred to the Committee on Foreign Affairs. While the bill aims to authorize the Department of Justice and the Department of State to provide technical assistance, training, and support to the Government of Ukraine for the exchange of prisoners of war, release of civilian detainees, and return of forcibly transferred Ukrainian children, it imposes burdensome reporting and briefing requirements that unduly constrain the President's authority in conducting foreign affairs and national security matters. This legislation represents a clear congressional overreach, inserting mandatory oversight that hampers executive discretion and undermines the separation of powers critical to our constitutional framework.
Violations of Presidential Powers Through Specific Bill Provisions
H.R. 5962 authorizes executive actions but layers them with restrictive reporting obligations and notifications to congressional committees, effectively allowing Congress to micromanage foreign assistance and intelligence-sharing decisions. Key provisions include:
Section 3 (Authorization of Technical Assistance and Advisory Support): This section authorizes the Department of Justice and the Department of State to provide law enforcement and intelligence support to Ukraine, including training on biometric technologies, open-source intelligence analysis, secure communications, and database management. However, subsection (c)(3) mandates that, not later than 30 days after determining to provide assistance in any specified category, the Secretary of State must brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the amount of assistance obligated, the type of assistance, and any technology operationalized. This requirement for advance briefings subjects executive decisions on sensitive foreign aid to congressional scrutiny, potentially delaying or altering implementation based on legislative feedback.
Section 4 (Coordination): Subsection (a) allows coordination with nongovernmental organizations, including grants, while subsection (b) permits the National Security Council to coordinate with various federal agencies. Yet, these authorizations are tied to the broader reporting framework, limiting the executive's ability to act independently without anticipating congressional involvement.
Section 5 (Rehabilitation and Reintegration): Subsection (a) authorizes the Secretary of State to provide support for medical, psychological, family reunification, and reintegration services for abducted Ukrainian children. However, subsection (b) requires a report to the aforementioned congressional committees not later than 60 days after enactment, detailing all current or planned foreign assistance programs for this purpose. This mandatory reporting impedes the President's flexibility in allocating resources swiftly during ongoing international crises.
Section 6 (Atrocity Crimes Advisory Group for Ukraine): This authorizes the Department of State to support Ukraine's Office of the Prosecutor General with technical assistance for investigating and prosecuting cases involving abducted children and other atrocity crimes, but again, it operates within the bill's overarching emphasis on accountability through congressional oversight.
Section 7 (Department of Justice): Authorizes the DOJ to provide assistance via its Office of Overseas Prosecutorial Development, Assistance, and Training, coordinated by the Resident Legal Adviser in Kyiv. This is similarly constrained by the bill's reporting mandates.
Section 8 (Reports): Subsection (a) requires a report from the Secretary of State, in coordination with the Attorney General, not later than 60 days after enactment, to multiple congressional committees (including Foreign Relations, Judiciary, Banking, Housing, and Urban Affairs in the Senate, and Foreign Affairs, Judiciary, and Financial Services in the House) describing U.S. support for Ukraine's atrocity crimes investigations. Subsection (b) mandates another report from the Secretary of State, in coordination with the Secretary of the Treasury, outlining discrepancies in sanctions regimes between the U.S., U.K., and E.U. regarding those responsible for child abductions, along with U.S. efforts to align them. These dual 60-day reporting deadlines create administrative burdens that divert executive resources and allow Congress to influence ongoing foreign policy executions.
These provisions collectively impose a regime of mandatory disclosures and briefings that tie the executive's hands, preventing agile responses to dynamic international situations involving Ukraine and Russia.
Constitutional Violations
These restrictions explicitly violate Article II of the U.S. Constitution, which delineates the President's executive powers:
Article II, Section 2 vests the President with authority over foreign affairs and as Commander in Chief. By requiring briefings and reports on assistance determinations (e.g., Section 3(c)(3)) and sanctions alignments (Section 8(b)), the bill encroaches on this prerogative, limiting the President's ability to conduct diplomacy and intelligence operations without congressional interference, particularly in sensitive matters like prisoner exchanges and child repatriation.
Article II, Section 3 obligates the President to "take Care that the Laws be faithfully executed." The pervasive reporting requirements (e.g., Sections 5(b) and 8) hinder this duty by mandating detailed submissions to Congress within tight timelines, effectively subjecting foreign aid implementation to legislative micromanagement and potential delays.
While Congress holds appropriations and oversight powers under Article I, H.R. 5962 exceeds these by transforming authorizations into tools for ongoing control over executive foreign policy, violating the separation of powers.
Congressional Overreach as a Threat to Democracy and Sovereignty
This overreach by Congress poses a significant threat to our democracy and national sovereignty. By demanding frequent briefings and reports on executive actions in foreign affairs, the bill creates opportunities for partisan delays and second-guessing, weakening the U.S. position in global negotiations and exposing vulnerabilities in our support for allies like Ukraine. Such mandates could slow critical assistance during wartime, compromising our ability to act decisively and maintain sovereign independence in international relations.
In his Farewell Address of 1796, President George Washington warned against the dangers of party divisions and foreign entanglements that this bill exacerbates. On partisan splits, he cautioned: "The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension... is itself a frightful despotism." The bill's extensive reporting to multiple committees, introduced amid the polarized 119th Congress, reflects this factionalism, using foreign aid legislation as a platform for political oversight that deepens divisions and hinders unified national policy.
Regarding foreign affairs, Washington advised: "It is our true policy to steer clear of permanent alliances with any portion of the foreign world," identifying the "trials of foreign affairs" that could compromise our independence. Provisions like the sanctions report in Section 8(b) and assistance briefings in Section 3(c)(3) entangle executive decisions in congressional mandates, limiting the President's flexibility to navigate complex relations with Russia, Ukraine, and allies—precisely the foreign policy pitfalls Washington identified and warned the U.S. against, risking our sovereignty through rigid, legislatively imposed commitments.
I urge you to oppose H.R. 5962 or advocate for amendments that remove these intrusive reporting requirements and restore executive authority. Our nation's strength in foreign affairs depends on a balanced government where the President can act without excessive legislative constraints. Heeding Washington's timeless warnings is crucial to protecting democracy from internal discord and external dependencies.
