Reclamation of War Powers Act

# AN ACT 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.

Jan 4, 2020

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

SECTION 1. SHORT TITLE.
This Act may be cited as the “Reclamation of War Powers Act.”

SEC. 2. PURPOSE AND POLICY.
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 judgement 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.
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.
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—
a declaration of war;
specific statutory authorization; or
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.
Limitation.—
IN GENERAL.—No funds available for the United States Armed Forces may be obligated to 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 declaration of war;
a specific statutory authorization; or
a national emergency created by an attack or imminent threat of attack upon the United States, its territories or possessions, or the Armed Forces.
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 25-day period beginning on such date of introduction of United States Armed Forces.
Prohibition On Consideration Of Bill Or Join Resolution Of Subsection (a).—
IN GENERAL.—It shall not be in order in the House of Representatives or Senate to consider any bill or joint resolution that would make funds available in violation of subsection (a).
ENACTMENT AS EXERCISE OF RULEMAKING POWER OF HOUSE OF REPRESENTATIVES AND SENATE.—This subsection is enacted by Congress—
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
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.
Report Relating To Declaration Of War Or Specific Statutory Authorization.—
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:
An analysis of the threat to be countered by the use of the Armed Forces.
The specific objectives and justification for such objectives to be achieved by the use of the Armed Forces.
A description of the scope and duration, cost, and likelihood of success of the use of the armed Forces.
DEADLINES.—The initial report required under paragraph (1) shall be submitted to Congress not later than 5 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 20 days thereafter until the United States are no longer engaged in hostilities as described in paragraph (1).
Report Relating To National Emergency.—
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).
DEADLINE.—The report required under paragraph (1) shall be submitted to Congress not later than 24 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 10 days after the date of submission of the initial report.

SEC. 5. RULES OF CONSTRUCTION.
Nothing in this Act may be construed—
to alter the constitutional authority of Congress or of the President, or the provisions of existing treaties; or
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.