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,
SHORT TITLE
SECTION 1.
This joint
resolution may be cited as the "War Powers Resolution".
PURPOSE AND
POLICY
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.
SEC. 2. (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.
SEC. 2. (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.
CONSULTATION
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.
REPORTING
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)
(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.
Sec. 4. (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.
Sec. 4. (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.
CONGRESSIONAL
ACTION
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.
SEC. 5. (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.
SEC. 5. (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.
CONGRESSIONAL
PRIORITY PROCEDURES FOR JOINT RESOLUTION OR BILL
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.
SEC. 6. (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.
SEC. 6. (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.
SEC 6. (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.
CONGRESSIONAL
PRIORITY PROCEDURES FOR CONCURRENT RESOLUTION
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.
SEC. 7. (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.
SEC. 7. (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.
SEC. 7. (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.
INTERPRETATION
OF JOINT RESOLUTION
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.
SEC. 8. (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.
SEC 8. (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.
SEC. 8. (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.
SEPARABILITY
CLAUSE
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.
EFFECTIVE DATE
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.
The House of
Representatives having proceeded to reconsider the resolution (H. J. Res 542)
entitled "Joint resolution concerning the war powers of Congress and the
President", returned by the President of the United States with his
objections, to the House of Representatives, in which it originated, it was
Resolved, That
the said resolution pass, two-thirds of the House of Representatives agreeing
to pass the same.
Attest:
W. PAT JENNINGS
Clerk.
I certify that
this Joint Resolution originated in the House of Representatives.
W. PAT JENNINGS
Clerk.
IN THE SENATE
OF THE UNITED STATES
November 7,
1973
The Senate having
proceeded to reconsider the joint resolution (H. J. Res. 542) entitled
"Joint resolution concerning the war powers of Congress and the
President", returned by the President of the United States with his
objections to the House of Representatives, in which it originate, it was
Resolved, That
the said joint resolution pass, two-thirds of the Senators present having voted
in the affirmative.
Attest:
FRANCIS R. VALEO
Secretary.