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     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 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.

                                                                   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.