War Powers Act
Public Law 93-14893rd
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.
© 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 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 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 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. © 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
(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.
© 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.
© 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.
© 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.
