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104TH CONGRESS

1ST SESSION H. R. 1111

To clarify the war powers of Congress and the President in the post-Cold

War period.

IN THE HOUSE OF REPRESENTATIVES

MARCH 2, 1995

Mr. DORNAN (for himself, Mr. HYDE, and Mr. FUNDERBURK) introduced the

following bill; which was referred to the Committee on International Relations and, in addition, to the Committee on Rules, 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 clarify the war powers of Congress and the President

in the post-Cold War period.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. REPEAL OF THE WAR POWERS RESOLUTION.

4 (a) WAR POWERS RESOLUTION.—The War Powers

5 Resolution (Public Law 93–148; 50 U.S.C. 1541 et seq.)

6 is repealed.

7 (b) CONFORMING REPEAL.—Section 1013 of the De8 partment of State Authorization Act, Fiscal Years 1984

9 and 1985 (50 U.S.C. 1546a) is repealed.
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1 SEC. 2. CONSULTATION WITH CONGRESS.

2 (a) PRIOR CONSULTATION.—The President shall in

3 every possible instance consult with Congress before intro4 ducing United States Armed Forces into hostilities or into

5 situations where imminent involvement in hostilities is

6 clearly indicated by the circumstances.

7 (b) CONSULTATION AFTER INTRODUCTION OF

8 ARMED FORCES.—The President shall, after every such

9 introduction, consult regularly with Congress until United

10 States Armed Forces are no longer engaged in hostilities

11 or have been removed from such situations.

12 SEC. 3. REPORTING TO CONGRESS.

13 (a) INITIAL REPORT.—The President shall, in the ab14 sence of a declaration of war, submit a report to Congress

15 in any case in which United States Armed Forces are in16 troduced—

17 (1) into hostilities or into a situation where im18 minent involvement in hostilities is clearly indicated

19 by the circumstances;

20 (2) into the territory, airspace, or waters of a

21 foreign nation, while equipped for combat, except for

22 a deployment which relates solely to supply, replace23 ment, repair, or training of such forces; or

24 (3) in numbers which substantially enlarge

25 United States Armed Forces equipped for combat al26 ready located in a foreign nation.
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1 (b) TIME AND CONTENT OF REPORT.—A report

2 under subsection (a) shall be submitted within 48 hours

3 of the introduction of United States Armed Forces de4 scribed in that subsection. Each such report shall be in

5 writing and shall set forth—

6 (1) the circumstances necessitating the intro7 duction of United States Armed Forces;

8 (2) the constitutional and legislative authority

9 under which such introduction took place; and

10 (3) the estimated scope and duration of the

11 hostilities or involvement.

12 (c) ADDITIONAL INFORMATION.—The President shall

13 provide such other information as Congress may request

14 in the fulfillment of its constitutional responsibilities with

15 respect to committing the Nation to war and to the use

16 of United States Armed Forces abroad.

17 (d) PERIODIC REPORTS.—Whenever United States

18 Armed Forces are introduced into hostilities or into any

19 situation described in subsection (a), the President shall,

20 so long as such Armed Forces continue to be engaged in

21 such hostilities or situation, report to Congress periodi22 cally (and not less often than once every six months) on

23 the status of such hostilities or situation as well as on the

24 scope and duration of such hostilities or situation.

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