War Powers Act
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,
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 judgment 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.
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) 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.
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.
(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.
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.
(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.
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.
(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.
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.
(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.
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.
