F:\M14\HIMES\HIMES_046.XML ..................................................................... (Original Signature of Member) 114TH CONGRESS 2D SESSION H. R. ll To prohibit funds available for the United States Armed Forces to be obligated or expended for introduction of the Armed Forces into hostilities, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. HIMES introduced the following bill; which was referred to the Committee on llllllllllllll A BILL To prohibit funds available for the United States Armed Forces to be obligated or expended for introduction of the Armed Forces into hostilities, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Reclamation of War 5 Powers Act’’. 6 SEC. 2. PURPOSE AND POLICY. 7 (a) It is the purpose of this Act to fulfill the intent 8 of the framers of the Constitution of the United States f:\VHLC\120516\120516.193.xml December 5, 2016 (5:46 p.m.) VerDate Nov 24 2008 17:46 Dec 05, 2016 Jkt 000000 (643707 11) PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\USERS\MASYNNES\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HIMES_~1. F:\M14\HIMES\HIMES_046.XML 2 1 and ensure that the collective judgement of both Congress 2 and the President will apply to the introduction of United 3 States Armed Forces into hostilities, or into situations 4 where imminent involvement in hostilities is clearly indi5 cated by the circumstances, and to the continued use of 6 such forces in hostilities or in such situations. 7 (b) Under article I, section 8, of the Constitution, it 8 is specifically provided that Congress shall have the power 9 to make all laws necessary and proper for carrying into 10 execution, not only its own powers but also all other pow11 ers vested by the Constitution in the Government of the 12 United States, or in any department or officer thereof. 13 (c) The constitutional powers of the President as 14 Commander-in-Chief to deploy United States Armed 15 Forces into hostilities, or into situations where imminent 16 involvement in hostilities is clearly indicated by the cir17 cumstances, may be exercised only pursuant to— 18 (1) a declaration of war; 19 (2) specific statutory authorization; or 20 (3) a national emergency created by attack or 21 imminent threat of attack upon the United States, 22 its territories or possessions, or its armed forces. 23 SEC. 3. LIMITATION ON USE OF FUNDS. 24 (a) LIMITATION.— f:\VHLC\120516\120516.193.xml December 5, 2016 (5:46 p.m.) VerDate Nov 24 2008 17:46 Dec 05, 2016 Jkt 000000 (643707 11) PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\USERS\MASYNNES\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HIMES_~1. F:\M14\HIMES\HIMES_046.XML 3 1 (1) IN funds available for the 2 United States Armed Forces may be obligated or ex- 3 pended for introduction of the Armed Forces into 4 hostilities, or into situations where imminent involve- 5 ment in hostilities is clearly indicated by the cir- 6 cumstances, in the absence of— 7 (A) a declaration of war; 8 (B) specific statutory authorization; or 9 (C) a national emergency created by an at- 10 tack or imminent threat of attack upon the 11 United States, its territories or possessions, or 12 the Armed Forces. 13 (2) ADDITIONAL LIMITATION RELATING TO NA- 14 TIONAL 15 United States Armed Forces may be obligated or ex- 16 pended for introduction of the Armed Forces into 17 hostilities, or into situations where imminent involve- 18 ment in hostilities is clearly indicated by the cir- 19 cumstances, by reason of a national emergency cre- 20 ated by an attack or imminent threat of attack upon 21 the United States, its territories or possessions, or 22 the Armed Forces only during the 60-day period be- 23 ginning on such date of introduction of the Armed 24 Forces. f:\VHLC\120516\120516.193.xml December 5, 2016 (5:46 p.m.) VerDate Nov 24 2008 GENERAL.—No 17:46 Dec 05, 2016 Jkt 000000 EMERGENCY.—Funds available for the (643707 11) PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\USERS\MASYNNES\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HIMES_~1. F:\M14\HIMES\HIMES_046.XML 4 1 (b) PROHIBITION ON CONSIDERATION OF BILL OR 2 JOINT RESOLUTION IN VIOLATION OF SUBSECTION (a).— 3 (1) IN GENERAL.—It shall not be in order in 4 the House of Representatives or the Senate to con- 5 sider any bill or joint resolution that would make 6 funds available in violation of subsection (a). 7 (2) ENACTMENT AS EXERCISE OF RULEMAKING 8 POWER OF HOUSE OF REPRESENTATIVES AND SEN- 9 ATE.—This subsection is enacted by Congress— 10 (A) as an exercise of the rulemaking power 11 of the House of Representatives and the Sen- 12 ate, respectively, and as such are deemed a part 13 of the rules of each House, respectively, and 14 such procedures supersede other rules only to 15 the extent that they are inconsistent with such 16 other rules; and 17 (B) with full recognition of the constitu- 18 tional right of either House to change the rules 19 (so far as relating to the procedure of that 20 House) at any time, in the same manner, and 21 to the same extent as in the case of any other 22 rule of that House. 23 SEC. 4. REPORTING REQUIREMENTS. 24 (a) REPORT RELATING TO DECLARATION OF WAR OR 25 SPECIFIC STATUTORY AUTHORIZATION.— f:\VHLC\120516\120516.193.xml December 5, 2016 (5:46 p.m.) VerDate Nov 24 2008 17:46 Dec 05, 2016 Jkt 000000 (643707 11) PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\MASYNNES\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HIMES_~1. F:\M14\HIMES\HIMES_046.XML 5 1 (1) IN President shall, in the 2 case of a declaration of war or specific authorization 3 for introduction of the United States Armed Forces 4 into hostilities, or into situations where imminent in- 5 volvement in hostilities is clearly indicated by the 6 circumstances, submit to Congress a report on the 7 following: 8 (A) An analysis of the threat to be coun- 9 tered by the use of the Armed Forces. 10 (B) The specific objectives and justification 11 for such objectives to be achieved by the use of 12 the Armed Forces. 13 (C) A description of the scope and dura- 14 tion, cost, and likelihood of success of the use 15 of the Armed Forces. 16 (2) DEADLINES.—The initial report required 17 under paragraph (1) shall be submitted to Congress 18 not later than 90 days after the date of the enact- 19 ment of a bill or joint resolution that provides for 20 a declaration of war or specific authorization for in- 21 troduction of the United States Armed Forces as de- 22 scribed in paragraph (1), and an update of such re- 23 port shall be submitted to Congress every 90 days 24 thereafter until the United States Armed Forces are f:\VHLC\120516\120516.193.xml December 5, 2016 (5:46 p.m.) VerDate Nov 24 2008 GENERAL.—The 17:46 Dec 05, 2016 Jkt 000000 (643707 11) PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\USERS\MASYNNES\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HIMES_~1. F:\M14\HIMES\HIMES_046.XML 6 1 no longer engaged in hostilities or situations as de- 2 scribed in paragraph (1). 3 (b) REPORT RELATING 4 NATIONAL EMER- GENCY.— 5 (1) IN GENERAL.—The President shall, in the 6 case of introduction of the United States Armed 7 Forces into hostilities, or into situations where im- 8 minent involvement in hostilities is clearly indicated 9 by the circumstances, by reason of a national emer- 10 gency created by an attack or imminent threat of at- 11 tack upon the United States, its territories or pos- 12 sessions, or the Armed Forces, submit to Congress 13 a report on the matters described in paragraphs (1), 14 (2), and (3) of subsection (a). 15 (2) DEADLINE.—The report required under 16 paragraph (1) shall be submitted to Congress not 17 later than 48 hours after introduction of United 18 States Armed Forces into hostilities, or into situa- 19 tions where imminent involvement in hostilities is 20 clearly indicated by the circumstances, as described 21 in paragraph (1), and an update of such report shall 22 be submitted to Congress not later than 60 days 23 after the date of submission of the initial report. f:\VHLC\120516\120516.193.xml December 5, 2016 (5:46 p.m.) VerDate Nov 24 2008 TO 17:46 Dec 05, 2016 Jkt 000000 (643707 11) PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\MASYNNES\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HIMES_~1. F:\M14\HIMES\HIMES_046.XML 7 1 SEC. 5. REPEAL OF WAR POWERS RESOLUTION AND PRIOR 2 AUTHORIZATIONS 3 STATES ARMED FORCES. 4 FOR USE OF UNITED (a) WAR POWERS RESOLUTION.—The War Powers 5 Resolution (Public Law 93–148; 50 U.S.C. 1541 et seq.) 6 is repealed. 7 (b) PRIOR AUTHORIZATIONS FOR USE OF ARMED 8 FORCES.—The following provisions of law are repealed: 9 (1) The Authorization for Use of Military Force 10 Against Iraq Resolution of 2002 (Public Law 107– 11 243; 50 U.S.C. 1541 note). 12 (2) The Authorization for Use of Military Force 13 (Public Law 107–40; 50 U.S.C. 1541 note). 14 (3) The Authorization for Use of Military Force 15 Against Iraq Resolution (Public Law 102–1; 50 16 U.S.C. 1541 note). 17 (c) EFFECTIVE DATE.—The repeal made by sub- 18 section (b)(2) shall be effective as of the date that is 180 19 days after the date of the enactment of this Act. 20 SEC. 6. RULES OF CONSTRUCTION. 21 Nothing in this Act, or any amendment made by this 22 Act, shall be construed— 23 (1) to alter the constitutional authority of Con- 24 gress or of the President, or the provisions of exist- 25 ing treaties; or f:\VHLC\120516\120516.193.xml December 5, 2016 (5:46 p.m.) VerDate Nov 24 2008 17:46 Dec 05, 2016 Jkt 000000 (643707 11) PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C:\USERS\MASYNNES\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HIMES_~1. F:\M14\HIMES\HIMES_046.XML 8 1 (2) to apply to those activities approved and re- 2 ported pursuant to section 503 of the National Secu- 3 rity Act of 1947 (50 U.S.C. 3093). f:\VHLC\120516\120516.193.xml December 5, 2016 (5:46 p.m.) VerDate Nov 24 2008 17:46 Dec 05, 2016 Jkt 000000 (643707 11) PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\MASYNNES\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HIMES_~1.