Reclamation of War Powers Act

I 116TH CONGRESS 1ST SESSION H. R. 1193 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 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 com- mittee 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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Reclamation of War 4 Powers Act’’. 5 VerDate Sep 11 2014 22:06 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1193.IH H1193 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1193 IH SEC. 2. PURPOSE AND POLICY. 1 (a) It is the purpose of this Act to fulfill the intent 2 of the Framers of the Constitution of the United States 3 and ensure that the collective judgment of both Congress 4 and the President will apply to the introduction of United 5 States Armed Forces into hostilities, or into situations 6 where imminent involvement in hostilities is clearly indi- 7 cated by the circumstances, and to the continued use of 8 such forces in hostilities or in such situations. 9 (b) Under article I, section 8, of the Constitution, it 10 is specifically provided that Congress shall have the power 11 to make all laws necessary and proper for carrying into 12 execution, not only its own powers but also all other pow- 13 ers vested by the Constitution in the Government of the 14 United States, or in any department or officer thereof. 15 (c) The constitutional powers of the President as 16 Commander-in-Chief to deploy United States Armed 17 Forces into hostilities, or into situations where imminent 18 involvement in hostilities is clearly indicated by the cir- 19 cumstances, may be exercised only pursuant to— 20 (1) a declaration of war; 21 (2) specific statutory authorization; or 22 (3) a national emergency created by attack or 23 imminent threat of attack upon the United States, 24 its territories or possessions, or its Armed Forces. 25 VerDate Sep 11 2014 22:06 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1193.IH H1193 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1193 IH SEC. 3. LIMITATION ON USE OF FUNDS. 1 (a) LIMITATION.— 2 (1) IN GENERAL.—No funds available for the 3 United States Armed Forces may be obligated or ex- 4 pended for introduction of United States Armed 5 Forces into hostilities, or into situations where im- 6 minent involvement in hostilities is clearly indicated 7 by the circumstances, in the absence of— 8 (A) a declaration of war; 9 (B) specific statutory authorization; or 10 (C) a national emergency created by an at- 11 tack or imminent threat of attack upon the 12 United States, its territories or possessions, or 13 the Armed Forces. 14 (2) ADDITIONAL LIMITATION RELATING TO NA- 15 TIONAL EMERGENCY.—Funds available for the 16 United States Armed Forces may be obligated or ex- 17 pended for introduction of United States Armed 18 Forces into hostilities, or into situations where im- 19 minent involvement in hostilities is clearly indicated 20 by the circumstances, by reason of a national emer- 21 gency created by an attack or imminent threat of at- 22 tack upon the United States, its territories or pos- 23 sessions, or the Armed Forces only during the 60- 24 day period beginning on such date of introduction of 25 United States Armed Forces. 26 VerDate Sep 11 2014 22:06 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1193.IH H1193 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1193 IH (b) PROHIBITION ON CONSIDERATION OF BILL OR 1 JOINT RESOLUTION IN VIOLATION OF SUBSECTION (a).— 2 (1) IN GENERAL.—It shall not be in order in 3 the House of Representatives or the Senate to con- 4 sider any bill or joint resolution that would make 5 funds available in violation of subsection (a). 6 (2) ENACTMENT AS EXERCISE OF RULEMAKING 7 POWER OF HOUSE OF REPRESENTATIVES AND SEN- 8 ATE.—This subsection is enacted by Congress— 9 (A) as an exercise of the rulemaking power 10 of the House of Representatives and the Sen- 11 ate, respectively, and as such are deemed a part 12 of the rules of each House, respectively, and 13 such procedures supersede other rules only to 14 the extent that they are inconsistent with such 15 other rules; and 16 (B) with full recognition of the constitu- 17 tional right of either House to change the rules 18 (so far as relating to the procedure of that 19 House) at any time, in the same manner, and 20 to the same extent as in the case of any other 21 rule of that House. 22 SEC. 4. REPORTING REQUIREMENTS. 23 (a) REPORT RELATING TO DECLARATION OF WAR OR 24 SPECIFIC STATUTORY AUTHORIZATION.— 25 VerDate Sep 11 2014 22:06 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1193.IH H1193 pbinns on DSK79D2C42PROD with BILLS 5 •HR 1193 IH (1) IN GENERAL.—The President shall, in the 1 case of a declaration of war or specific authorization 2 for introduction of United States Armed Forces into 3 hostilities, or into situations where imminent involve- 4 ment in hostilities is clearly indicated by the cir- 5 cumstances, submit to Congress a report on the fol- 6 lowing: 7 (A) An analysis of the threat to be coun- 8 tered by the use of the Armed Forces. 9 (B) The specific objectives and justification 10 for such objectives to be achieved by the use of 11 the Armed Forces. 12 (C) A description of the scope and dura- 13 tion, cost, and likelihood of success of the use 14 of the Armed Forces. 15 (2) DEADLINES.—The initial report required 16 under paragraph (1) shall be submitted to Congress 17 not later than 90 days after the date of the enact- 18 ment of a bill or joint resolution that provides for 19 a declaration of war or specific authorization for in- 20 troduction of United States Armed Forces as de- 21 scribed in paragraph (1), and an update of such re- 22 port shall be submitted to Congress every 90 days 23 thereafter until the United States Armed Forces are 24 VerDate Sep 11 2014 22:06 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1193.IH H1193 pbinns on DSK79D2C42PROD with BILLS 6 •HR 1193 IH no longer engaged in hostilities or situations as de- 1 scribed in paragraph (1). 2 (b) REPORT RELATING TO NATIONAL EMER- 3 GENCY.— 4 (1) IN GENERAL.—The President shall, in the 5 case of introduction of United States Armed Forces 6 into hostilities, or into situations where imminent in- 7 volvement in hostilities is clearly indicated by the 8 circumstances, by reason of a national emergency 9 created by an attack or imminent threat of attack 10 upon the United States, its territories or posses- 11 sions, or the Armed Forces, submit to Congress a 12 report on the matters described in paragraphs (1), 13 (2), and (3) of subsection (a). 14 (2) DEADLINE.—The report required under 15 paragraph (1) shall be submitted to Congress not 16 later than 48 hours after introduction of United 17 States Armed Forces into hostilities, or into situa- 18 tions where imminent involvement in hostilities is 19 clearly indicated by the circumstances, as described 20 in paragraph (1), and an update of such report shall 21 be submitted to Congress not later than 60 days 22 after the date of submission of the initial report. 23 SEC. 5. RULES OF CONSTRUCTION. 24 Nothing in this Act may be construed— 25 VerDate Sep 11 2014 22:06 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1193.IH H1193 pbinns on DSK79D2C42PROD with BILLS 7 •HR 1193 IH (1) to alter the constitutional authority of Con- 1 gress or of the President, or the provisions of exist- 2 ing treaties; or 3 (2) to apply to those activities approved and re- 4 ported pursuant to section 503 of the National Secu- 5 rity Act of 1947 (50 U.S.C. 3093). 6 SEC. 6. DEFINITION. 7 In this Act, the term ‘‘introduction of United States 8 Armed Forces’’ includes the assignment of members of 9 such Armed Forces to command, coordinate, participate 10 in the movement of, or accompany the regular or irregular 11 military forces of any foreign country or government when 12 such military forces are engaged, or there exists an immi- 13 nent threat that such forces will become engaged, in hos- 14 tilities. 15 Æ VerDate Sep 11 2014 22:06 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H1193.IH H1193 pbinns on DSK79D2C42PROD with BILLS