War Powers Resolution of 1973

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.
(
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;
( the constitutional and legislative authority under which such introduction took
place; and
© the estimated scope and duration of the hostilities or involvement.
(
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 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.
(
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.
©
Notwithstanding subsection ( , 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( 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.
(
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( . 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( . 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( 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.
(
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.
(
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.
Attest:
FRANCIS R. VALEO
Secretary.

______________________________________________________________________

US Code

TITLE 18 > PART I > CHAPTER 118 > § 2441
§ 2441. War crimes
(a) Offense.— Whoever, whether inside or outside the United States, commits a war crime, in any of the circumstances described in subsection ( , shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death. ( Circumstances.— The circumstances referred to in subsection (a) are that the person committing such war crime or the victim of such war crime is a member of the Armed Forces of the United States or a national of the United States (as defined in section 101 of the Immigration and Nationality Act). © Definition.— As used in this section the term "war crime" means any conduct— (1) defined as a grave breach in any of the international conventions signed at Geneva 12 August 1949, or any protocol to such convention to which the United States is a party; (2) prohibited by Article 23, 25, 27, or 28 of the Annex to the Hague Convention IV, Respecting the Laws and Customs of War on Land, signed 18 October 1907; <a name="c_3"> (3) which constitutes a violation of common Article 3 of the international conventions signed at Geneva, 12 August 1949, or any protocol to such convention to which the United States is a party and which deals with non-international armed conflict; or (4) of a person who, in relation to an armed conflict and contrary to the provisions of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended at Geneva on 3 May 1996 (Protocol II as amended on 3 May 1996), when the United States is a party to such Protocol, willfully kills or causes serious injury to civilians.