Download 1973 War Powers Resolution: Limiting Presidential Authority to Deploy US Forces and more Study notes Public Law in PDF only on Docsity!
87 STAT. ] PUBLIC LAW 93-148-NOV. 7, 1973 555
(b) The table of sections for chapter oo of title 18 of tlie United
States Code is amended by striking out of the item designated
"712. Misuse of names by collecting agencies to indicate Federal agency."
and inserting in lieu thereof
••712. Misuse of names, words, emblems, or insignia.".
Approved November 3, 1973.
Public Law 93-
J O I N T R E S O L U T I O N November 7, 1973 Concerning the war powers of Congress and the President, [H. J. Res. 542]
Resolved hy the Senate and House of Representatives of the United States of America in Congress asserribted^ (^) Resolution,War Powers
SHORT TITLE
SECTION 1. This joint resolution may be cited as the "War Powers Resolution". PURPOSE AND POLICY
SEC. 2. (a) I t 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 indicated by the circumstances, and to the con- tinued 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 neces- sary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Govern- ment 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 ter- ritories 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 hostili- ties or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduc- tion 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 hos'tilities or into situations where imminent involve- ment in hostilities is clearly indicated by the circumstances;
556 PUBLIC LAW 93-14S--NOV. 7, 1973 [87 STAT.
(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 -i8 liours 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 responsi- bilities 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 periodi- cally 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 repoit 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 per- cent 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 United 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 certi- fies 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
558 PUBLIC LAW 93-148-NOV. 7, 1973 [87 STAT.
three calendar days, 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 con- cerning 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. I n the event the conferees are unable to agree within 48 hours, they shall report back to their respective Houses in disagreement.
I X T E R P R E T A T I O N OP J O I N T 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 pro- vision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and states 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 m the headquarters operations of high-level military commands which were established prior to the date of enactment of this joint resolution and pursuant to 59 Stat. 1031. ^]^g United Nations Charter or any treatv ratified by the United States prior to such date. of'united"sta\Ts ^^^ ^^^ purposcs of this joint resolution, the term "introduction of Arm^d Forcrs!'^' United States Armed Forces" includes the assignment of members of such armed forces to command, coordinate, participate in the move- ment 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 Con- gress or of the President, or the provisions 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.
87 STAT. ] PUBLIC LAW 93-148-NOV. 7, 1973 559
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.
E F F E C T I V E DATE
SEC. 10. This joint resolution shall take effect on the date of its enactment.
CARL A L B E R T
Speaker of the House of Representatives.
JAMES 0. E A S T L A N D
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. P A T J E N N I N G S Clerk.
I certify that this Joint Resolution originated in the House of Representa- tives. w. P A T J E N N I N G S Clerk.
IN THE SENATE OF THE UNITED STATES
November 7, 1973.
The Senate having proceeded to reconsider the joint resolution (H. J. Res.
- 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
