War Powers Reform Act

War Powers Reform Act - Amends the War Powers Resolution to direct the President in every possible instance to submit to Congress before introducing U.S. Armed Forces into hostilities or situations where imminent involvement in hostilities is clearly indicated a written report setting forth the estimated scope and duration of the hostilities or involvement.

Directs the President, in the absence of a declaration of war or a specific statutory authorization (currently, only in the absence of a declaration of war), to submit a written report to Congress within 48 hours when the Armed Forces are introduced into hostilities or foreign nations under specified circumstances and requires that such report include the circumstances necessitating the introduction, the constitutional and legislative authority under which such introduction took place, and the estimated scope and duration of the hostilities or involvement.

Repeals an existing framework under which the President is required to terminate, within 60 days, subject to a possible 30-day extension, any use of Armed Forces with respect to which the President has submitted (or is required to submit) a report concerning the introduction of Armed Forces into hostilities in the absence of a declaration of war, unless: (1) Congress declares war or enacts specific authorization, (2) extends the 60-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Strikes provisions concerning congressional action to remove Armed Forces engaged in hostilities without a declaration of war or specific statutory authorization.

Replaces such framework with a process that prohibits funds available for the Armed Forces from being obligated or expended for introducing the Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated, in the absence of: (1) a declaration of war; (2) specific statutory authorization; or (3) a national emergency created by an attack or imminent threat of attack upon the United States, its territories or possessions, or the Armed Forces.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3709 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3709

   To amend the War Powers Resolution to limit the use of funds for 
   introduction of the Armed Forces into hostilities, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2011

 Mr. Gibson (for himself, Mr. Bartlett, Mr. Benishek, Mr. Brooks, Mr. 
Burton of Indiana, Mr. Davis of Kentucky, Mr. Duncan of Tennessee, Ms. 
 Foxx, Mr. Gosar, Mr. Johnson of Ohio, Mr. Labrador, Mr. Lankford, Mr. 
LaTourette, Mr. Miller of Florida, Mr. Mulvaney, Mr. Nugent, Mr. Pence, 
Mr. Reed, Mr. Ribble, Mr. Rooney, Mr. Ross of Florida, Mr. Austin Scott 
  of Georgia, Mr. Shimkus, Mr. Smith of New Jersey, and Mr. Stivers) 
 introduced the following bill; 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

_______________________________________________________________________

                                 A BILL


 
   To amend the War Powers Resolution to limit the use of funds for 
   introduction of the 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 ``War Powers Reform Act''.

SEC. 2. PURPOSE AND POLICY.

    Section 2(c) of the War Powers Resolution (50 U.S.C. 1541(c)) is 
amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``are exercised'' and inserting ``may be exercised''; and
            (2) in paragraph (3), by inserting after ``attack'' the 
        following: ``or imminent threat of attack''.

SEC. 3. CONSULTATION AND REPORTING.

    Section 3 of the War Powers Resolution (50 U.S.C. 1542) is 
amended--
            (1) in the heading, by inserting ``and reporting'' after 
        ``consultation'';
            (2) by striking ``The President'' and inserting the 
        following:
    ``(a) Consultation.--The President''; and
            (3) by adding at the end the following:
    ``(b) Reporting.--The President in every possible instance shall 
submit to Congress before introducing United States Armed Forces into 
hostilities or into situations where imminent involvement in 
hostilities is clearly indicated by the circumstances a report, in 
writing, setting forth the estimated scope and duration of the 
hostilities or involvement.''.

SEC. 4. REPORTING.

    Section 4(a) of the War Powers Resolution (50 U.S.C. 1543(a)) is 
amended by inserting ``or a specific statutory authorization'' after 
``a declaration of war''.

SEC. 5. LIMITATION ON USE OF FUNDS FOR INTRODUCTION OF ARMED FORCES 
              INTO HOSTILITIES.

    The War Powers Resolution (50 U.S.C. 1541 et seq.) is amended--
            (1) by striking sections 5, 6, and 7;
            (2) by redesignating sections 8, 9, and 10 as sections 6, 
        7, and 8, respectively; and
            (3) by inserting after section 4 the following:

                      ``limitation on use of funds

    ``Sec. 5.  (a) No funds available for the United States Armed 
Forces may be obligated or expended for introduction of the Armed 
Forces into hostilities, or into situations where imminent involvement 
in hostilities is clearly indicated by the circumstances, in the 
absence of a declaration of war, specific statutory authorization, or a 
national emergency created by an attack or imminent threat of attack 
upon the United States, its territories or possessions, or the Armed 
Forces.
    ``(b) 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).''.
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