War Powers Amendments of 2021

IA 117TH CONGRESS 1ST SESSION H. J. RES. 29 To amend the War Powers Resolution, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 8, 2021 Mr. DEFAZIO (for himself, Mr. RUSH, Mr. COHEN, Mr. CICILLINE, Mr. BLU- MENAUER, Mrs. NAPOLITANO, Ms. LEE of California, Mr. BEYER, Ms. SCHAKOWSKY, Ms. JACKSON LEE, and Mr. GRIJALVA) submitted the fol- lowing joint resolution; which was referred to the Committee on Foreign Affairs, 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 con- cerned JOINT RESOLUTION To amend the War Powers Resolution, and for other purposes. Resolved by the Senate and House of Representatives 1 of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘War Powers Amend- 4 ments of 2021’’. 5 SEC. 2. FINDINGS AND PURPOSE. 6 (a) FINDINGS.—Congress finds the following: 7 VerDate Sep 11 2014 01:02 Mar 10, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\HJ29.IH HJ29 pamtmann on DSKBC07HB2PROD with BILLS 2 •HJ 29 IH (1) In response to unconstitutional executive 1 branch actions that introduced United States Forces 2 into hostilities without congressional authorization, 3 Congress passed the War Powers Resolution (50 4 U.S.C. 1541 et seq.) to clarify and strengthen its 5 constitutional war powers authorities. 6 (2) The War Powers Resolution remains a cur- 7 rent and constitutionally valid law. The War Powers 8 Resolution includes the authority of Congress to re- 9 move United States Armed Forces from unauthor- 10 ized engagement in hostilities through adoption of a 11 concurrent resolution or passage of a joint resolu- 12 tion. 13 (3) While Congress possesses robust war powers 14 authorities under the Constitution and the War 15 Powers Resolution, in many cases the executive 16 branch has disregarded these authorities by intro- 17 ducing United States Forces into hostilities without 18 congressional authorization. 19 (b) PURPOSE.—The purpose of this joint resolution 20 is to— 21 (1) reassert Congress’ constitutional war pow- 22 ers authorities, further strengthen the War Powers 23 Resolution, and end the current ‘‘forever wars’’ of 24 the United States; and 25 VerDate Sep 11 2014 01:02 Mar 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HJ29.IH HJ29 pamtmann on DSKBC07HB2PROD with BILLS 3 •HJ 29 IH (2) prevent the executive branch from intro- 1 ducing United States Forces into hostilities, with ex- 2 ceptions in the case of an armed attack upon or im- 3 minent threat to the United States, its Forces, or its 4 citizens overseas, without authorization from Con- 5 gress. 6 SEC. 3. REVISION OF WAR POWERS RESOLUTION. 7 The War Powers Resolution (50 U.S.C. 1541–1548) 8 is amended by striking out all after the resolving clause 9 and inserting in lieu thereof the following: 10 ‘‘SECTION 1. SHORT TITLE; PURPOSE; CONGRESSIONAL 11 LEGISLATIVE AUTHORITY. 12 ‘‘(a) SHORT TITLE.—This joint resolution may be 13 cited as the ‘War Powers Resolution’. 14 ‘‘(b) PURPOSE.—It is the purpose of this joint resolu- 15 tion to fulfill the intent of the framers of the Constitution 16 of the United States and ensure that the collective judg- 17 ment of both the Congress and the President will apply 18 to— 19 ‘‘(1) the introduction of United States Forces 20 into hostilities; and 21 ‘‘(2) the continued use of United States Forces 22 in hostilities. 23 VerDate Sep 11 2014 01:02 Mar 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HJ29.IH HJ29 pamtmann on DSKBC07HB2PROD with BILLS 4 •HJ 29 IH ‘‘(c) CONGRESSIONAL LEGISLATIVE AUTHORITY.— 1 Among the powers granted to the Congress by the Con- 2 stitution are— 3 ‘‘(1) the power to declare war; 4 ‘‘(2) the power of the purse (‘No Money shall 5 be drawn from the Treasury, but in Consequence of 6 Appropriations made by Law’); and 7 ‘‘(3) the power to make all laws necessary and 8 proper for carrying into execution not only its own 9 powers but also all other powers vested by the Con- 10 stitution in the Government of the United States, or 11 in any department or officer thereof. 12 ‘‘SEC. 2. EMERGENCY USES OF UNITED STATES FORCES IN 13 HOSTILITIES. 14 ‘‘(a) IN GENERAL.—United States Forces may be in- 15 troduced into hostilities only as follows: 16 ‘‘(1) DECLARATION OF WAR.—Pursuant to a 17 declaration of war by the Congress. 18 ‘‘(2) SPECIFIC STATUTORY AUTHORIZATION.— 19 ‘‘(A) IN GENERAL.—In accordance with a 20 specific statutory authorization described in 21 subparagraph (B). 22 ‘‘(B) SPECIFIC STATUTORY AUTHORIZA- 23 TION DESCRIBED.—A specific statutory author- 24 ization for introduction of United States Forces 25 VerDate Sep 11 2014 01:02 Mar 10, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HJ29.IH HJ29 pamtmann on DSKBC07HB2PROD with BILLS 5 •HJ 29 IH into hostilities described in this subparagraph 1 shall— 2 ‘‘(i) provide for authorization of the 3 use of necessary and appropriate military 4 force with respect to such use of United 5 States Forces; 6 ‘‘(ii)(I) clearly define the threat that 7 necessitates use of such military force, the 8 mission and objectives that use of such 9 military force is authorized to achieve, and 10 identify each foreign country in which such 11 military force is authorized; 12 ‘‘(II) clearly define the parameters for 13 when use of such military force is no 14 longer necessary or appropriate; and 15 ‘‘(III) clearly and specifically identify 16 each foreign country and organized armed 17 group with respect to which such military 18 force will be used; 19 ‘‘(iii) require the President to seek 20 from the Congress a subsequent specific 21 statutory authorization for introduction of 22 United States Forces into hostilities— 23 ‘‘(I) if— 24 VerDate Sep 11 2014 01:02 Mar 10, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\HJ29.IH HJ29 pamtmann on DSKBC07HB2PROD with BILLS 6 •HJ 29 IH ‘‘(aa) the threat or mission 1 or objectives defined in clause 2 (ii)(I) or the list of foreign coun- 3 tries identified in such clause is 4 to be expanded; 5 ‘‘(bb) the parameters de- 6 fined in clause (ii)(II) are to be 7 expanded; or 8 ‘‘(cc) the list of foreign 9 countries or organized armed 10 groups identified in clause 11 (ii)(III) is to be expanded; and 12 ‘‘(II) which shall include updated 13 information to the information re- 14 quired by clause (ii); and 15 ‘‘(iv) provide for termination of the 16 authorization for such use of United States 17 Forces not later than the date that is 2 18 years after the date of the enactment of 19 such authorization unless the Congress en- 20 acts a joint resolution providing a subse- 21 quent specific authorization for such use of 22 United States Forces. 23 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 24 in subparagraph (B) may be construed to au- 25 VerDate Sep 11 2014 01:02 Mar 10, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\HJ29.IH HJ29 pamtmann on DSKBC07HB2PROD with BILLS 7 •HJ 29 IH thorize United States Forces to engage in hos- 1 tilities against any foreign country or organized 2 armed group that is not clearly and specifically 3 identified in clause (ii)(III) of such subpara- 4 graph. 5 ‘‘(3) ARMED ATTACK ON UNITED STATES.—To 6 the extent necessary and proportionate— 7 ‘‘(A) to repel an armed attack upon the 8 United States; or 9 ‘‘(B) to forestall the direct and imminent 10 threat of such an armed attack. 11 ‘‘(4) ARMED ATTACK ON UNITED STATES 12 FORCES.—To the extent necessary and propor- 13 tionate— 14 ‘‘(A) to repel an armed attack against 15 United States Forces located outside the United 16 States; or 17 ‘‘(B) to forestall the direct and imminent 18 threat of such an armed attack. 19 ‘‘(5) EVACUATION OF UNITED STATES CITI- 20 ZENS.—To the extent necessary to protect United 21 States citizens or nationals while evacuating them as 22 rapidly as possible from a situation, outside the 23 United States, that directly and imminently threat- 24 ens their lives or liberty and— 25 VerDate Sep 11 2014 01:02 Mar 10, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\HJ29.IH HJ29 pamtmann on DSKBC07HB2PROD with BILLS 8 •HJ 29 IH ‘‘(A) the threatened deprivation of life or 1 liberty is unlawful; and 2 ‘‘(B) in a case where the source of the 3 threat is within a foreign country, the threat is 4 supported by the government of that country or 5 the government of that country is unable or un- 6 willing to secure the release of the United 7 States citizens or nationals. 8 The President shall make every effort to terminate 9 any such threat through peaceful means without 10 using United States Forces. Before using United 11 States Forces to protect United States citizens or 12 nationals being evacuated from a foreign country in 13 accordance with this paragraph, the President shall, 14 where possible, obtain the consent of the government 15 of that country. 16 ‘‘(b) CONDITIONS ON EMERGENCY USE OF UNITED 17 STATES FORCES.—Any use of United States Forces in ac- 18 cordance with paragraph (3), (4), or (5) of subsection 19 (a)— 20 ‘‘(1) is subject to the requirements of sections 21 3, 4, and 5; and 22 ‘‘(2) shall be limited, in terms of United States 23 Forces which are used and the manner in which they 24 VerDate Sep 11 2014 01:02 Mar 10, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\HJ29.IH HJ29 pamtmann on DSKBC07HB2PROD with BILLS 9 •HJ 29 IH are used, to such use as is essential in order to 1 achieve the purpose described in that paragraph. 2 ‘‘(c) FUNDING LIMITATION.—Funds appropriated or 3 otherwise made available under any law may not be obli- 4 gated or expended for any introduction, other than an in- 5 troduction described in subsection (a), of United States 6 Forces into hostilities. 7 ‘‘SEC. 3. CONSULTATION BETWEEN THE PRESIDENT AND 8 CONGRESS. 9 ‘‘(a) REQUIREMENTS FOR CONSULTATION.—(1) The 10 President, in every possible instance, shall consult with the 11 Congress before United States Forces are introduced into 12 hostilities in accordance with paragraph (3), (4), or (5) 13 of section 2(a). After every such introduction, the Presi- 14 dent shall consult regularly with the Congress until United 15 States Forces are no longer in hostilities. 16 ‘‘(2) The President, in every possible instance, shall 17 consult with the Congress— 18 ‘‘(A) before United States Forces are intro- 19 duced into a foreign country while equipped for com- 20 bat, except for deployments which relate solely to 21 supply, replacement, repair, or training of such 22 forces; or 23 ‘‘(B) before United States Forces are intro- 24 duced into a foreign country in which there are al- 25 VerDate Sep 11 2014 01:02 Mar 10, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\HJ29.IH HJ29 pamtmann on DSKBC07HB2PROD with BILLS 10 •HJ 29 IH ready United States Forces equipped for combat if 1 such introduction would substantially enlarge the 2 number of United States Forces equipped for com- 3 bat located in that country or otherwise substantially 4 increase the military capabilities of such forces. 5 ‘‘(b) EXECUTIVE-LEGISLATIVE CONSULTATIVE 6 GROUP.—The consultation required by subsection (a) 7 shall include participation by— 8 ‘‘(1) the President, the Secretary of State, the 9 Secretary of Defense, the Director of Central Intel- 10 ligence, the Director of National Intelligence, and 11 those senior executive branch officials designated by 12 the President; 13 ‘‘(2) the Speaker, the Minority leader and Ma- 14 jority leader, the Majority whip and Minority whip, 15 the chair and ranking member of the Committee on 16 Foreign Affairs, the chair and ranking member of 17 the Committee on Armed Services, the chair and 18 ranking member of the Permanent Select Committee 19 on Intelligence of the House of Representatives, and 20 any other Members of the House of Representatives 21 designated by the Speaker or the Minority leader; 22 and 23 ‘‘(3) the Majority and Minority leader, the Ma- 24 jority whip and Minority whip, the chair and rank- 25 VerDate Sep 11 2014 01:02 Mar 10, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\HJ29.IH HJ29 pamtmann on DSKBC07HB2PROD with BILLS 11 •HJ 29 IH ing member of the Committee on Foreign Relations, 1 the chair and ranking member of the Committee on 2 Armed Services, the chair and ranking member of 3 the Select Committee on Intelligence of the Senate, 4 and any Senator designated by the Majority or Mi- 5 nority leader. 6 ‘‘(c) WHAT CONSULTATION REQUIRES.—In order to 7 satisfy the consultation requirement of this section, the 8 President must ask Members of Congress for their advice 9 and opinions before the decision is made to introduce 10 United States Forces, and in no event later than 48 hours 11 prior to introduction of United States Forces. Such con- 12 sultation requires that all information relevant to the situ- 13 ation must be made available to the Members of Congress 14 being consulted. The consultation requirement of this sec- 15 tion is not met, however, if the Congress is merely in- 16 formed about the situation. 17 ‘‘SEC. 4. REPORTS TO THE CONGRESS. 18 ‘‘(a) REPORTING REQUIREMENT.—The President 19 shall submit the report described in subsection (b) no later 20 than 48 hours after United States Forces are introduced 21 into hostilities in accordance with paragraph (3), (4), or 22 (5) of section 2(a). 23 ‘‘(b) DESCRIPTION OF REPORT REQUIRED.—The re- 24 port required by subsection (a) is a written report sub- 25 VerDate Sep 11 2014 01:02 Mar 10, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\HJ29.IH HJ29 pamtmann on DSKBC07HB2PROD with BILLS 12 •HJ 29 IH mitted by the President to the Speaker and Minority 1 Leader of the House of Representatives, the President pro 2 tempore and Minority Leader of the Senate, and the Exec- 3 utive-Legislative consultative group described in section 4 3(b) on the same calendar day, setting forth— 5 ‘‘(1) the circumstances necessitating the intro- 6 duction of United States Forces; 7 ‘‘(2) the specific constitutional and legislative 8 authority under which such introduction took place; 9 ‘‘(3) the estimated scope and duration of the 10 hostilities or the involvement of United States 11 Forces, as the case may be, and an identification of 12 each foreign country and organized armed group 13 against which United States Forces are engaged in 14 hostilities, including the foreign countries and geo- 15 graphic locations of such hostilities; and 16 ‘‘(4) the estimated cost of the hostilities or the 17 involvement of United States Forces, including the 18 cost of any other resour [Text truncated for display. Full text available on Congress.gov.]