War Powers Act
Public Law 93-148
93rd Congress, H. J. Res. 542, 7 November 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
SECTION 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 indicated 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
SECTION 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
SECTION 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
SECTION 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 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 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
SECTION 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
SECTION 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
SECTION 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 members
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
SECTION 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
SECTION 10.
This joint resolution shall take effect on the date of its
enactment.
Carl Albert
Speaker of the House of Representatives
In the U.S. House of Representatives, 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
James O. Eastland
President pro tempore of the Senate
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 originated, 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
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