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.
(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.
JAMES O. EASTLAND
IN THE HOUSE OF REPRESENTATIVES, U.S.,
Speaker of the House of Representatives.
President of the Senate pro tempore.
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:
Clerk.
I certify that this Joint Resolution originated in the House of
Representatives.
IN THE SENATE OF THE UNITED STATES November 7, 1973
Clerk.
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:
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