[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 83 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. J. RES. 83
To amend the War Powers Resolution to improve requirements and
limitations in connection with authorizations for use of military force
and narrowings and repeals of such authorizations, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 24, 2020
Mr. Brown of Maryland submitted the following 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 concerned
_______________________________________________________________________
JOINT RESOLUTION
To amend the War Powers Resolution to improve requirements and
limitations in connection with authorizations for use of military force
and narrowings and repeals of such authorizations, and for other
purposes.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the ``War Powers Reform
Resolution''.
SEC. 2. JOINT RESOLUTIONS AND BILLS AUTHORIZING, NARROWING, OR
REPEALING USE OF MILITARY FORCE.
The War Powers Resolution (50 U.S.C. 1541 et seq.) is amended by
inserting after section 5 the following new section:
``joint resolutions and bills authorizing, narrowing, or repealing use
of military force
``Sec. 5A. (a) A joint resolution or bill introduced after the date
of the enactment of this section pursuant to section 5(b) for a purpose
specified in that section shall be eligible for expedited consideration
in accordance with section 6(a) if the joint resolution or bill sets
forth only the following:
``(1) The specific strategic objective of the military
force authorized for use by the joint resolution or bill.
``(2) A specification that the military force authorized
for use by the joint resolution or bill is necessary,
appropriate, and proportional to the purpose of the joint
resolution or bill.
``(3) A specific naming of the nations, organizations, or
forces engaged in active hostilities against the United States,
its territories or possessions, or United States Armed Forces
against which use of military force is authorized by the joint
resolution or bill, which may not vest in or delegate to any
official in the Executive Branch authority to specify any other
nation, organization, or force against which use of military
force is authorized by the joint resolution or bill.
``(4) A specification of the country or countries, or
subdivision of a country or subdivisions of countries, in which
military force is authorized for use by the joint resolution or
bill, which may not vest in or delegate to any official in the
Executive Branch authority to specify any other country or
subdivision of a country in which use of military force is
authorized by the joint resolution or bill.
``(5) A specification to a date certain of the duration of
the authorization for use of military force in the joint
resolution or bill, which may not exceed two years from the
date of the enactment of the joint resolution or bill.
``(b) A joint resolution or bill introduced after the date of the
enactment of this section to narrow a Joint Resolution or Act
authorizing use of military force that is in effect on the date of the
introduction of the joint resolution or bill shall be eligible for
expedited consideration in accordance with section 6(a) if the joint
resolution or bill sets forth only a narrowing or other limitation of
the Joint Resolution or Act as follows:
``(1) To narrow the specific strategic objective of the
military force authorized by the Joint Resolution or Act.
``(2) To strike one or more named nations, organizations,
or forces against which use of military force is authorized by
the Joint Resolution or Act, and to specify a date certain for
the effective date of such strike.
``(3) To strike one or more countries or subdivisions of a
country in which military force is authorized for use by the
Joint Resolution or Act, and to specify a date certain for the
effective date of such strike.
``(4) To reduce the duration of the authorization for use
of military force in the Joint Resolution or Act to an earlier
date certain specified in the joint resolution or bill.
``(c) A joint resolution or bill introduced after the date of the
enactment of this section only to repeal one or more Joint Resolutions
or Acts authorizing use of military force that is or are in effect on
the date of the introduction of the joint resolution or bill shall be
eligible for expedited consideration in accordance with section 6(a).
``(d) A joint resolution or bill introduced as described in
subsection (a) or (b) may also repeal any Joint Resolution or Act
authorizing use of military force that is in effect on the date of the
introduction of the joint resolution or bill without losing eligibility
for expedited consideration in accordance with section 6(a) as
otherwise provided in such subsection.''.
SEC. 3. EXPEDITED PROCEDURES FOR JOINT RESOLUTIONS AND BILLS
AUTHORIZING, LIMITING, OR REPEALING USE OF MILITARY
FORCE.
Section 6(a) of the War Powers Resolution (50 U.S.C. 1545(a)) is
amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) in paragraph (1), as designated by paragraph (1) of
this section--
(A) by striking ``introduced pursuant to section
5(b) at least thirty calendar days before the
expiration of the sixty-day period specified in such
section'' and inserting ``introduced pursuant to
section 5(b) for purposes of section 5A(a) at least
thirty calendar days before the expiration of the
sixty-day period specified in section 5(b)''; and
(B) by striking ``sixty-day period specified in
such section'' and inserting ``sixty-day period
specified in section 5(b)''; and
(3) by adding at the end the following new paragraph:
``(2)(A) Any joint resolution or bill introduced pursuant to
subsection (b) or (c) of section 5A shall be referred to the committee
provided for in paragraph (1), and such committee shall report one such
joint resolution or bill, together with its recommendations, not later
than twenty-four calendar days before the expiration of the thirty-day
period beginning on the date of the introduction of such joint
resolution or bill, unless such House shall otherwise determine by the
yeas and nays.
``(B) In the case of any joint resolution or bill described in
subparagraph (A), any reference in this section to the sixty-day period
specified in section 5(b) shall be deemed to refer instead to the
thirty-day period beginning on the date of the introduction of such
joint resolution or bill.''.
SEC. 4. LIMITATION ON USE OF FUNDS IN CONTRAVENTION OF THE WAR POWERS
RESOLUTION OR OTHER APPLICABLE RESOLUTIONS AUTHORIZING
USE OF MILITARY FORCE.
The War Powers Resolution (50 U.S.C. 1541 et seq.) is amended--
(1) by redesignating sections 9 and 10 as sections 10 and
11, respectively; and
(2) by inserting after section 8 the following new section
9:
``limitation on use of funds
``Sec. 9. Appropriated funds may not be obligated or expended for
the introduction or use of United States Armed Forces into or in
hostilities or situations where imminent involvement in hostilities is
clearly indicated by the circumstances in contravention of the
provisions of this joint resolution, or another Joint Resolution or Act
authorizing such introduction or use (if applicable).''.
SEC. 5. JUSTIFICATION IN REQUESTS FOR AUTHORIZATIONS FOR USE OF
MILITARY FORCE AND IN REPORTS ON USE OF MILITARY FORCE.
Section 4 of the War Powers Resolution (50 U.S.C. 1543) is amended
by adding at the end the following new subsection:
``(d)(1) If in submitting a report under subsection (a) or in
connection with an introduction of the United States Armed Forces as
described in that subsection the President also submits to Congress a
request for an authorization for use of the United States Armed Forces
in the hostilities or situation concerned, the President shall include
with such request a comprehensive justification for such request,
including a justification for--
``(A) the nations, organizations, and forces covered by
such request;
``(B) the countries and subdivisions of countries covered
by such request; and
``(C) the duration of the request.
``(2) Each report under subsection (c) on the status of hostilities
or a situation shall include a current comprehensive justification for
use of the United States Armed Forces in the hostilities or situation,
including a justification for--
``(A) the continuing use of the United States Armed Forces
against the particular nations, organizations, and forces
concerned;
``(B) the continuing use of the United States Armed Forces
in the particular countries and subdivisions of countries
concerned; and
``(C) the currently anticipated duration of the use of the
United States Armed Forces in the hostilities or situation.
``(3)(A) Except as provided in subparagraph (B), any justification
submitted pursuant to this subsection shall be in unclassified form to
the greatest extent practicable, including in the specification of the
countries or subdivisions of countries concerned and in the duration or
anticipated duration concerned, but may include a classified annex (and
then only to the extent required to protect the national security
interests of the United States).
``(B) A request described in paragraph (1) shall list or specify
the names of the nations, organizations, and forces covered by such
request in unclassified form.''.
SEC. 6. REPEAL OF AUTHORIZATIONS FOR USE OF MILITARY FORCE.
(a) Authorization for Use of Military Force.--The Authorization for
Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) is
repealed.
(b) Authorization for Use of Military Force Against Iraq Resolution
of 2002.--The Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Public law 107-243; 50 U.S.C. 1541 note) is
repealed.
(c) Availability of Funds for Safe Removal of Armed Forces From
Hostilities.--Notwithstanding the repeal by subsections (a) and (b) of
the Resolutions referred to in such subsections, the President is
authorized, during the 60-day period beginning on the date of the
enactment of this joint resolution, to obligate and expend appropriated
funds to safely remove United States Armed Forces from hostilities or
situations in which use of United States Armed Forces is authorized by
or conducted pursuant to the Resolutions as of the date of the
enactment of this joint resolution.
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