HR 1212 IH

To require the cessation of the use of force in, or directed at, the country of Libya by the United States Armed Forces unless a subsequent Act specifically authorizes such use of force.

March 29, 2011

Mr. AMASH (for himself, Mr. CHAFFETZ, Mr. JOHNSON of Illinois, Mr. KUCINICH, and Mr. PAUL) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, 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

To require the cessation of the use of force in, or directed at, the country of Libya by the United States Armed Forces unless a subsequent Act specifically authorizes such use of force.

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 ‘Restoring Essential constitutional Constraints for Libyan Action Involving the Military Act’ or ‘RECLAIM Act’.

SEC. 2. FINDINGS.

Congress finds the following:

(1) The President of the United States directed United States Armed Forces to begin Operation Odyssey Dawn against Libya, including bombings of Libyan air defense systems and military airfields, without the authorization of Congress.

(2) The Government of Libya has not declared war or initiated hostilities against the United States or its allies.

(3) Article 1, Section 8, of the United States Constitution states that Congress shall have the power ‘To declare War’, ‘To raise and support Armies’, ‘To provide and maintain a Navy’, and ‘To make Rules for the Government and Regulation of the land and naval Forces’.

SEC. 3. CESSATION OF USE OF FORCE AGAINST THE COUNTRY OF LIBYA.

The President shall cease the use of force in, or directed at, the country of Libya by the United States Armed Forces unless a subsequent Act specifically authorizes such use of force.

SEC. 4. PROHIBITION ON USE OF FUNDS FOR USE OF FORCE AGAINST THE COUNTRY OF LIBYA.

No funds available to any United States Government department or agency may be used for the use of force in, or directed at, the country of Libya by the United States Armed Forces unless a subsequent Act specifically authorizes such use of force.

SEC. 5. RULE OF CONSTRUCTION.

Nothing in this Act shall be construed to prohibit the United States, including the United States Armed Forces, from defending itself from attack or imminent danger of attack.

SEC. 6. DEFINITION.

In this Act, the term ‘country of Libya’ means the geographic area encompassed in the political unit known as ‘Libya’ on March 19, 2011.