I 
117TH CONGRESS 
1ST SESSION H. R. 1457 
To prohibit funds available for the United States Armed Forces to be obli-
gated or expended for introduction of United States Armed Forces into 
hostilities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 1, 2021 
Mr. HIMES introduced the following bill; which was referred to the Committee 
on Foreign Affairs, and in addition to the Committees on Armed Serv-
ices, and Rules, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction 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 Representa-
tives 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’’. 
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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 indi-
cated 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 pow-
ers 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 cir-
cumstances, 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. 
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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 ex-
pended for introduction of United States Armed 
Forces into hostilities, or into situations where im-
minent 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 at-
tack or imminent threat of attack upon the 
United States, its territories or possessions, or 
the Armed Forces. 
(2) ADDITIONAL LIMITATION RELATING TO NA-
TIONAL
EMERGENCY.—Funds available for the 
United States Armed Forces may be obligated or ex-
pended for introduction of United States Armed 
Forces into hostilities, or into situations where im-
minent involvement in hostilities is clearly indicated 
by the circumstances, by reason of a national emer-
gency created by an attack or imminent threat of at-
tack upon the United States, its territories or pos-
sessions, or the Armed Forces only during the 60- 
day period beginning on such date of introduction of 
United States Armed Forces. 
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(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 con-
sider 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 SEN-
ATE.—This subsection is enacted by Congress— 
(A) as an exercise of the rulemaking power 
of the House of Representatives and the Sen-
ate, 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 constitu-
tional 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.— 
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no longer engaged in hostilities or situations as de-
scribed in paragraph (1). 
(b) REPORT
RELATING
TO
NATIONAL
EMER-
GENCY.— 
(1) IN GENERAL.—The President shall, in the 
case of introduction of United States Armed Forces 
into hostilities, or into situations where imminent in-
volvement 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 posses-
sions, 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 situa-
tions 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— 
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(1) to alter the constitutional authority of Con-
gress or of the President, or the provisions of exist-
ing treaties; or 
(2) to apply to those activities approved and re-
ported pursuant to section 503 of the National Secu-
rity 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 immi-
nent threat that such forces will become engaged, in hos-
tilities. 
Æ 
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