[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3370 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3370
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.
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IN THE HOUSE OF REPRESENTATIVES
May 16, 2023
Mr. Himes 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 committee concerned
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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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reclamation of War Powers Act''.
SEC. 2. PURPOSE AND POLICY.
(a) 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 judgment 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.
(b) 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.
(c) 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--
(1) a declaration of war;
(2) specific statutory authorization; or
(3) 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.
(a) Limitation.--
(1) In general.--No 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, in the absence of--
(A) a declaration of war;
(B) specific statutory authorization; or
(C) a national emergency created by an attack or
imminent threat of attack upon the United States, its
territories or possessions, or the Armed Forces.
(2) 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
60-day period beginning on such date of introduction of United
States Armed Forces.
(b) Prohibition on Consideration of Bill or Joint Resolution in
Violation of Subsection (a).--
(1) In general.--It shall not be in order in the House of
Representatives or the Senate to consider any bill or joint
resolution that would make funds available in violation of
subsection (a).
(2) Enactment as exercise of rulemaking power of house of
representatives and senate.--This subsection is enacted by
Congress--
(A) 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
(B) 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.
(a) Report Relating to Declaration of War or Specific Statutory
Authorization.--
(1) 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:
(A) An analysis of the threat to be countered by
the use of the Armed Forces.
(B) The specific objectives and justification for
such objectives to be achieved by the use of the Armed
Forces.
(C) A description of the scope and duration, cost,
and likelihood of success of the use of the Armed
Forces.
(2) Deadlines.--The initial report required under paragraph
(1) shall be submitted to Congress not later than 90 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 90 days thereafter until the United States
Armed Forces are no longer engaged in hostilities or situations
as described in paragraph (1).
(b) Report Relating to National Emergency.--
(1) 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).
(2) Deadline.--The report required under paragraph (1)
shall be submitted to Congress not later than 48 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 60 days after the date of submission
of the initial report.
SEC. 5. RULES OF CONSTRUCTION.
Nothing in this Act may be construed--
(1) to alter the constitutional authority of Congress or of
the President, or the provisions of existing treaties; or
(2) 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.
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