Public
Law 93-148
93rd
Congress, H. J. Res. 542
November
7, 1973
Joint
Resolution
Concerning the war powers of Congress and the President.
Resolved
by the Senate and the House of Representatives of the United States of America
in Congress assembled,
SECTION 1. This joint resolution may be cited as the
"War Powers Resolution".
SEC. 2. (a) It is the purpose of this joint
resolution to fulfill the intent of the framers of the Constitution of the
United States and insure that the collective judgement
of both the 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 indicate 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 the 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 introduce
United States Armed Forces into hostilities, or into situations where imminent
involvement in hostilities is clearly indicated by the circumstances, are
exercised only pursuant to (1) a declaration of war, (2) specific statutory
authorization, or (3) a national emergency created by attack upon the United
States, its territories or possessions, or its armed forces.
SEC. 3. The President in every possible
instance shall consult with Congress before introducing United States Armed
Forces into hostilities or into situation where imminent involvement in
hostilities is clearly indicated by the circumstances, and after every such
introduction shall consult regularly with the Congress until United States
Armed Forces are no longer engaged in hostilities or have been removed from
such situations.
Sec. 4. (a) In the absence of a declaration
of war, in any case in which United States Armed Forces are introduced
(1)
into hostilities or into situations where imminent
involvement in hostilities is clearly indicated by the circumstances;
(2)
into the territory, airspace or waters of a foreign nation, while equipped for
combat, except for deployments which relate solely to supply, replacement,
repair, or training of such forces; or
(3)
in numbers which substantially enlarge United States
Armed Forces equipped for combat already located in a foreign nation; the
president shall submit within 48 hours to the Speaker of the House of
Representatives and to the President pro tempore of the Senate a report, in
writing, setting forth
(A)
the circumstances necessitating the introduction of
United States Armed Forces;
(B)
the constitutional and legislative authority under
which such introduction took place; and
(C)
the estimated scope and duration of the hostilities or
involvement.
(b)
The President shall provide such other information as the Congress may request
in the fulfillment of its constitutional responsibilities with respect to
committing the Nation to war and to the use of United States Armed Forces
abroad
(c)
Whenever United States Armed Forces are introduced into hostilities or into any
situation described in subsection (a) of this section, the President shall, so
long as such armed forces continue to be engaged in such hostilities or
situation, report to the Congress periodically on the status of such
hostilities or situation as well as on the scope and duration of such hostilities
or situation, but in no event shall he report to the Congress less often than
once every six months.
SEC. 5. (a) Each report submitted pursuant to
section 4 (a) (1) shall be transmitted to the Speaker of the House of
Representatives and to the President pro tempore of the Senate on the same
calendar day. Each report so transmitted shall be referred to the Committee on
Foreign Affairs of the House of Representatives and to the Committee on Foreign
Relations of the Senate for appropriate action. If, when the report is
transmitted, the Congress has adjourned sine die or has adjourned for any
period in excess of three calendar days, the Speaker of the House of
Representatives and the President pro tempore of the Senate, if they deem it
advisable (or if petitioned by at least 30 percent of the membership of their
respective Houses) shall jointly request the President to convene Congress in
order that it may consider the report and take appropriate action pursuant to
this section.
(b)
Within sixty calendar days after a report is submitted or is required to be
submitted pursuant to section 4 (a) (1), whichever is earlier, the President
shall terminate any use of Untied States Armed Forces with respect to which
such report was submitted (or required to be submitted), unless the Congress
(1) has declared war or has enacted a specific authorization for such use of
United States Armed Forces, (2) has extended by law such sixty-day period, or
(3) is physically unable to meet as a result of an armed attack upon the United
States. Such sixty-day period shall be extended for not more than an additional
thirty days if the President determines and certifies to the Congress in
writing that unavoidable military necessity respecting the safety of United
States Armed Forces requires the continued use of such armed forces in the
course of bringing about a prompt removal of such forces.
(c)
Notwithstanding subsection (b), at any time that United States Armed Forces are
engaged in hostilities outside the territory of the United States, its
possessions and territories without a declaration of war or specific statutory
authorization, such forces shall be removed by the President if the Congress so
directs by concurrent resolution.
SEC. 6. (a) Any joint resolution or bill
introduced pursuant to section 5 (b) at least thirty calendar days before the
expiration of the sixty-day period specified in such section shall be referred
to the Committee on Foreign Affairs of the House of Representatives or the
Committee on Foreign Relations of the Senate, as the case may be, 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 sixty-day period specified in such section, unless such House shall
otherwise determine by the yeas and nays.
(b)
Any joint resolution or bill so reported shall become the pending business of
the House in question (in the case of the Senate the time for debate shall be
equally divided between the proponents and the opponents), and shall be voted
on within three calendar days thereafter, unless such House shall otherwise
determine by yeas and nays.
(c)
Such a joint resolution or bill passed by one House shall be referred to the
committee of the other House named in subsection (a) and shall be reported out
not later than fourteen calendar days before the expiration of the sixty-day
period specified in section 5 (b). The joint resolution or bill so reported
shall become the pending business of the House in question and shall be voted
on within three calendar days after it has been reported, unless such House
shall otherwise determine by yeas and nays.
(d)
In the case of any disagreement between the two Houses of Congress with respect
to a joint resolution or bill passed by both Houses, conferees shall be
promptly appointed and the committee of conference shall make and file a report
with respect to such resolution or bill not later than four calendar days
before the expiration of the sixty-day period specified in section 5 (b). In
the event the conferees are unable to agree within 48 hours, they shall report
back to their respective Houses in disagreement. Notwithstanding any rule in
either House concerning the printing of conference reports in the Record or
concerning any delay in the consideration of such reports, such report shall be
acted on by both Houses not later than the expiration of such sixty-day period.
SEC. 7. (a) Any concurrent resolution
introduced pursuant to section 5 (b) at least thirty calendar days before the
expiration of the sixty-day period specified in such section shall be referred
to the Committee on Foreign Affairs of the House of Representatives or the
Committee on Foreign Relations of the Senate, as the case may be, and one such
concurrent resolution shall be reported out by such committee together with its
recommendations within fifteen calendar days, unless such House shall otherwise
determine by the yeas and nays.
(b)
Any concurrent resolution so reported shall become the pending business of the
House in question (in the case of the Senate the time for debate shall be
equally divided between the proponents and the opponents), and shall be voted
on within three calendar days thereafter, unless such House shall otherwise
determine by yeas and nays.
(c)
Such a concurrent resolution passed by one House shall be referred to the
committee of the other House named in subsection (a) and shall be reported out
by such committee together with its recommendations within fifteen calendar
days and shall thereupon become the pending business of such House and shall be
voted on within three calendar days after it has been reported, unless such
House shall otherwise determine by yeas and nays.
(d)
In the case of any disagreement between the two Houses of Congress with respect
to a concurrent resolution passed by both Houses, conferees shall be promptly
appointed and the committee of conference shall make and file a report with
respect to such concurrent resolution within six calendar days after the
legislation is referred to the committee of conference. Notwithstanding any
rule in either House concerning the printing of conference reports in the
Record or concerning any delay in the consideration of such reports, such
report shall be acted on by both Houses not later than six calendar days after
the conference report is filed. In the event the conferees are unable to agree
within 48 hours, they shall report back to their respective Houses in
disagreement.
SEC. 8. (a) Authority to introduce United
States Armed Forces into hostilities or into situations wherein involvement in
hostilities is clearly indicated by the circumstances shall not be inferred
(1)
from any provision of law (whether or not in effect before the date of the
enactment of this joint resolution), including any provision contained in any
appropriation Act, unless such provision specifically authorizes the
introduction of United States Armed Forces into hostilities or into such
situations and stating that it is intended to constitute specific statutory
authorization within the meaning of this joint resolution; or
(2)
from any treaty heretofore or hereafter ratified unless such treaty is
implemented by legislation specifically authorizing the introduction of United
States Armed Forces into hostilities or into such situations and stating that
it is intended to constitute specific statutory authorization within the
meaning of this joint resolution.
(b)
Nothing in this joint resolution shall be construed to require any further
specific statutory authorization to permit members of United States Armed
Forces to participate jointly with members of the armed forces of one or more
foreign countries in the headquarters operations of high-level military
commands which were established prior to the date of enactment of this joint
resolution and pursuant to the United Nations Charter or any treaty ratified by
the United States prior to such date.
(c)
For purposes of this joint resolution, the term "introduction of United
States Armed Forces" includes the assignment of member 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.
(d)
Nothing in this joint resolution
(1)
is intended to alter the constitutional authority of
the Congress or of the President, or the provision of existing treaties; or
(2)
shall be construed as granting any authority to the
President with respect to the introduction of United States Armed Forces into
hostilities or into situations wherein involvement in hostilities is clearly
indicated by the circumstances which authority he would not have had in the
absence of this joint resolution.
SEC. 9. If any provision of this joint
resolution or the application thereof to any person or circumstance is held
invalid, the remainder of the joint resolution and the application of such
provision to any other person or circumstance shall not be affected thereby.
SEC. 10. This joint resolution shall take
effect on the date of its enactment.
CARL ALBERT Speaker of the House of
Representatives.
JAMES O. EASTLAND President of the Senate pro
tempore.
IN THE HOUSE OF REPRESENTATIVES, U.S.,
November 7, 1973.