Reclamation of War Powers Act

Subjects: Armed Forces and National Security


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3370 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3370

 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

                              May 16, 2023

  Mr. Himes 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reclamation of War Powers Act''.

SEC. 2. PURPOSE AND POLICY.

    (a) It is the purpose of this Act to fulfill the intent of the 
Framers of the Constitution of the United States and ensure that the 
collective judgment of both Congress and the President will apply to 
the introduction of United States Armed Forces into hostilities, or 
into situations where imminent involvement in hostilities is clearly 
indicated by the circumstances, and to the continued use of such forces 
in hostilities or in such situations.
    (b) Under article I, section 8, of the Constitution, it is 
specifically provided that Congress shall have the power to make all 
laws necessary and proper for carrying into execution, not only its own 
powers but also all other powers vested by the Constitution in the 
Government of the United States, or in any department or officer 
thereof.
    (c) The constitutional powers of the President as Commander-in-
Chief to deploy United States Armed Forces into hostilities, or into 
situations where imminent involvement in hostilities is clearly 
indicated by the circumstances, may be exercised only pursuant to--
            (1) a declaration of war;
            (2) specific statutory authorization; or
            (3) a national emergency created by attack or imminent 
        threat of attack upon the United States, its territories or 
        possessions, or its Armed Forces.

SEC. 3. LIMITATION ON USE OF FUNDS.

    (a) Limitation.--
            (1) In general.--No funds available for the United States 
        Armed Forces may be obligated or expended for introduction of 
        United States Armed Forces into hostilities, or into situations 
        where imminent involvement in hostilities is clearly indicated 
        by the circumstances, in the absence of--
                    (A) a declaration of war;
                    (B) specific statutory authorization; or
                    (C) a national emergency created by an attack or 
                imminent threat of attack upon the United States, its 
                territories or possessions, or the Armed Forces.
            (2) Additional limitation relating to national emergency.--
        Funds available for the United States Armed Forces may be 
        obligated or expended for introduction of United States Armed 
        Forces into hostilities, or into situations where imminent 
        involvement in hostilities is clearly indicated by the 
        circumstances, by reason of a national emergency created by an 
        attack or imminent threat of attack upon the United States, its 
        territories or possessions, or the Armed Forces only during the 
        60-day period beginning on such date of introduction of United 
        States Armed Forces.
    (b) Prohibition on Consideration of Bill or Joint Resolution in 
Violation of Subsection (a).--
            (1) In general.--It shall not be in order in the House of 
        Representatives or the Senate to consider any bill or joint 
        resolution that would make funds available in violation of 
        subsection (a).
            (2) Enactment as exercise of rulemaking power of house of 
        representatives and senate.--This subsection is enacted by 
        Congress--
                    (A) as an exercise of the rulemaking power of the 
                House of Representatives and the Senate, respectively, 
                and as such are deemed a part of the rules of each 
                House, respectively, and such procedures supersede 
                other rules only to the extent that they are 
                inconsistent with such other rules; and
                    (B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                relating to the procedure of that House) at any time, 
                in the same manner, and to the same extent as in the 
                case of any other rule of that House.

SEC. 4. REPORTING REQUIREMENTS.

    (a) Report Relating to Declaration of War or Specific Statutory 
Authorization.--
            (1) In general.--The President shall, in the case of a 
        declaration of war or specific authorization for introduction 
        of United States Armed Forces into hostilities, or into 
        situations where imminent involvement in hostilities is clearly 
        indicated by the circumstances, submit to Congress a report on 
        the following:
                    (A) An analysis of the threat to be countered by 
                the use of the Armed Forces.
                    (B) The specific objectives and justification for 
                such objectives to be achieved by the use of the Armed 
                Forces.
                    (C) A description of the scope and duration, cost, 
                and likelihood of success of the use of the Armed 
                Forces.
            (2) Deadlines.--The initial report required under paragraph 
        (1) shall be submitted to Congress not later than 90 days after 
        the date of the enactment of a bill or joint resolution that 
        provides for a declaration of war or specific authorization for 
        introduction of United States Armed Forces as described in 
        paragraph (1), and an update of such report shall be submitted 
        to Congress every 90 days thereafter until the United States 
        Armed Forces are no longer engaged in hostilities or situations 
        as described in paragraph (1).
    (b) Report Relating to National Emergency.--
            (1) In general.--The President shall, in the case of 
        introduction of United States Armed Forces into hostilities, or 
        into situations where imminent involvement in hostilities is 
        clearly indicated by the circumstances, by reason of a national 
        emergency created by an attack or imminent threat of attack 
        upon the United States, its territories or possessions, or the 
        Armed Forces, submit to Congress a report on the matters 
        described in paragraphs (1), (2), and (3) of subsection (a).
            (2) Deadline.--The report required under paragraph (1) 
        shall be submitted to Congress not later than 48 hours after 
        introduction of United States Armed Forces into hostilities, or 
        into situations where imminent involvement in hostilities is 
        clearly indicated by the circumstances, as described in 
        paragraph (1), and an update of such report shall be submitted 
        to Congress not later than 60 days after the date of submission 
        of the initial report.

SEC. 5. RULES OF CONSTRUCTION.

    Nothing in this Act may be construed--
            (1) to alter the constitutional authority of Congress or of 
        the President, or the provisions of existing treaties; or
            (2) to apply to those activities approved and reported 
        pursuant to section 503 of the National Security Act of 1947 
        (50 U.S.C. 3093).

SEC. 6. DEFINITION.

    In this Act, the term ``introduction of United States Armed 
Forces'' includes the assignment of members of such Armed 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 military forces are engaged, or there exists an 
imminent threat that such forces will become engaged, in hostilities.
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