I 

116TH CONGRESS 

1ST SESSION H. R. 1193 

To prohibit funds available for the United States Armed Forces to be obligated or expended for introduction of United States Armed Forces into 

hostilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2019 

Mr. HIMES (for himself, Mr. ROUDA, Ms. SHERRILL, Mr. KILMER, Mr. 

GALLEGO, Mrs. LURIA, Mr. HUFFMAN, Mr. MOULTON, Mr. COOPER, Mr. 

TED LIEU of California, Mr. WELCH, Miss RICE of New York, Mr. 

ESPAILLAT, Mr. CASTEN of Illinois, and Mr. SCHRADER) introduced the 

following bill; which was referred to the Committee on Foreign Affairs, 

and in addition to the Committees on Armed Services, and 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 prohibit funds available for the United States Armed 

Forces to be obligated or expended for introduction of 

United States Armed Forces into hostilities, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reclamation of War 

5 Powers Act’’. 


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1 SEC. 2. PURPOSE AND POLICY. 

2 (a) It is the purpose of this Act to fulfill the intent 

3 of the Framers of the Constitution of the United States 

4 and ensure that the collective judgment of both Congress 

5 and the President will apply to the introduction of United 

6 States Armed Forces into hostilities, or into situations 

7 where imminent involvement in hostilities is clearly indi8 cated by the circumstances, and to the continued use of 

9 such forces in hostilities or in such situations. 

10 (b) Under article I, section 8, of the Constitution, it 

11 is specifically provided that Congress shall have the power 

12 to make all laws necessary and proper for carrying into 

13 execution, not only its own powers but also all other pow14 ers vested by the Constitution in the Government of the 

15 United States, or in any department or officer thereof. 

16 (c) The constitutional powers of the President as 

17 Commander-in-Chief to deploy United States Armed 

18 Forces into hostilities, or into situations where imminent 

19 involvement in hostilities is clearly indicated by the cir20 cumstances, may be exercised only pursuant to— 

21 (1) a declaration of war; 

22 (2) specific statutory authorization; or 

23 (3) a national emergency created by attack or 

24 imminent threat of attack upon the United States, 

25 its territories or possessions, or its Armed Forces. 


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1 SEC. 3. LIMITATION ON USE OF FUNDS. 

2 (a) LIMITATION.— 

3 (1) IN GENERAL.—No funds available for the 

4 United States Armed Forces may be obligated or ex5 pended for introduction of United States Armed 

6 Forces into hostilities, or into situations where im7 minent involvement in hostilities is clearly indicated 

8 by the circumstances, in the absence of— 

9 (A) a declaration of war; 

10 (B) specific statutory authorization; or 

11 (C) a national emergency created by an at12 tack or imminent threat of attack upon the 

13 United States, its territories or possessions, or 

14 the Armed Forces. 

15 (2) ADDITIONAL LIMITATION RELATING TO NA16 TIONAL EMERGENCY.—Funds available for the 

17 United States Armed Forces may be obligated or ex18 pended for introduction of United States Armed 

19 Forces into hostilities, or into situations where im20 minent involvement in hostilities is clearly indicated 

21 by the circumstances, by reason of a national emer22 gency created by an attack or imminent threat of at23 tack upon the United States, its territories or pos24 sessions, or the Armed Forces only during the 60- 

25 day period beginning on such date of introduction of 

26 United States Armed Forces. 


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1 (b) PROHIBITION ON CONSIDERATION OF BILL OR

2 JOINT RESOLUTION IN VIOLATION OF SUBSECTION (a).— 

3 (1) IN GENERAL.—It shall not be in order in 

4 the House of Representatives or the Senate to con5 sider any bill or joint resolution that would make 

6 funds available in violation of subsection (a). 

7 (2) ENACTMENT AS EXERCISE OF RULEMAKING

8 POWER OF HOUSE OF REPRESENTATIVES AND SEN9 ATE.—This subsection is enacted by Congress— 

10 (A) as an exercise of the rulemaking power 

11 of the House of Representatives and the Sen12 ate, respectively, and as such are deemed a part 

13 of the rules of each House, respectively, and 

14 such procedures supersede other rules only to 

15 the extent that they are inconsistent with such 

16 other rules; and 

17 (B) with full recognition of the constitu18 tional right of either House to change the rules 

19 (so far as relating to the procedure of that 

20 House) at any time, in the same manner, and 

21 to the same extent as in the case of any other 

22 rule of that House. 

23 SEC. 4. REPORTING REQUIREMENTS. 

24 (a) REPORT RELATING TO DECLARATION OF WAR OR

25 SPECIFIC STATUTORY AUTHORIZATION.— 


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1 (1) IN GENERAL.—The President shall, in the 

2 case of a declaration of war or specific authorization 

3 for introduction of United States Armed Forces into 

4 hostilities, or into situations where imminent involve5 ment in hostilities is clearly indicated by the cir6 cumstances, submit to Congress a report on the fol7 lowing: 

8 (A) An analysis of the threat to be coun9 tered by the use of the Armed Forces. 

10 (B) The specific objectives and justification 

11 for such objectives to be achieved by the use of 

12 the Armed Forces. 

13 (C) A description of the scope and dura14 tion, cost, and likelihood of success of the use 

15 of the Armed Forces. 

16 (2) DEADLINES.—The initial report required 

17 under paragraph (1) shall be submitted to Congress 

18 not later than 90 days after the date of the enact19 ment of a bill or joint resolution that provides for 

20 a declaration of war or specific authorization for in21 troduction of United States Armed Forces as de22 scribed in paragraph (1), and an update of such re23 port shall be submitted to Congress every 90 days 

24 thereafter until the United States Armed Forces are 


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1 no longer engaged in hostilities or situations as de2 scribed in paragraph (1). 

3 (b) REPORT RELATING TO NATIONAL EMER4 GENCY.— 

5 (1) IN GENERAL.—The President shall, in the 

6 case of introduction of United States Armed Forces 

7 into hostilities, or into situations where imminent in8 volvement in hostilities is clearly indicated by the 

9 circumstances, by reason of a national emergency 

10 created by an attack or imminent threat of attack 

11 upon the United States, its territories or posses12 sions, or the Armed Forces, submit to Congress a 

13 report on the matters described in paragraphs (1), 

14 (2), and (3) of subsection (a). 

15 (2) DEADLINE.—The report required under 

16 paragraph (1) shall be submitted to Congress not 

17 later than 48 hours after introduction of United 

18 States Armed Forces into hostilities, or into situa19 tions where imminent involvement in hostilities is 

20 clearly indicated by the circumstances, as described 

21 in paragraph (1), and an update of such report shall 

22 be submitted to Congress not later than 60 days 

23 after the date of submission of the initial report. 

24 SEC. 5. RULES OF CONSTRUCTION. 

25 Nothing in this Act may be construed— 


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1 (1) to alter the constitutional authority of Con2 gress or of the President, or the provisions of exist3 ing treaties; or 

4 (2) to apply to those activities approved and re5 ported pursuant to section 503 of the National Secu6 rity Act of 1947 (50 U.S.C. 3093). 

7 SEC. 6. DEFINITION. 

8 In this Act, the term ‘‘introduction of United States 

9 Armed Forces’’ includes the assignment of members of 

10 such Armed Forces to command, coordinate, participate 

11 in the movement of, or accompany the regular or irregular 

12 military forces of any foreign country or government when 

13 such military forces are engaged, or there exists an immi14 nent threat that such forces will become engaged, in hos15 tilities. 

Æ 


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