I 112th CONGRESS 1st Session H. R. 3709 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.

1.

Short title

This Act may be cited as the War Powers Reform Act.

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.

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. .

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.

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:

5.

limitation on use of funds

(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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