87 STAT. ] PUBLIC LAW 93-148-NOV. 7, 1973 555

STAT.

] PUBLIC LAW

93-148-NOV.

7, 1973 555

(b)

The

table

sections

for

chapter

title

18 of

tlie

United

States Code

amended

striking

out of the

item designated

"712.

Misuse

names

collecting agencies

indicate Federal agency."

and inserting

lieu thereof

••712.

Misuse

names, words, emblems,

insignia.".

Approved November

3, 1973.

Public

Law

93-148

JOINT RESOLUTION November

1973

Concerning

the war

powers

Congress

and the

President,

[H.

Res.

542]

Resolved

the

Senate

and

House

Representatives

of the

United

States

America

Congress

asserribted^

War Powers

Resolution,

SHORT TITLE

SECTION

This joint resolution

may be

cited

as the "War

Powers

Resolution".

PURPOSE

AND

POLICY

SEC.

2. (a) It is the

purpose

this joint resolution

fulfill

the

intent

of the

framers

of the

Constitution

of the

United States

and

insure that

the

collective judgment

both

the

Congress

and the

President will apply

to the

introduction

United States Armed

Forces into hostilities,

into situations where imminent involvement

in hostilities

clearly indicated

by the

circumstances,

and to the

con-

tinued

use of

such forces

hostilities

or in

such situations.

(b) Under article

section

8, of the

Constitution,

it is

specifically

^.^^^ ^^^'''

provided that the Congress shall have the power

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

officer

thereof.

(c)

The

constitutional powers

of the

President

Commander-in-

Chief

introduce United States Armed Forces into hostilities,

into situations where imminent involvement

hostilities

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

attack upon

the

United States,

its

ter-

ritories

possessions,

or its

armed

forces.

CONSULTATION

SEC.

3. The

President

every possible instance shall consult with

Congress before introducing United States Armed Forces into hostili-

ties

into situations where imminent involvement

hostilities

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

hostilities

have been removed

from

such situations.

REPORTING

SEC.

4. (a) In the

absence

of a

declaration

of war, in any

case

which United States Armed Forces

are

introduced—

(1) into

hos'tilities

into situations where imminent involve-

ment

hostilities

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;

(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

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.

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.

Armed Forces are engaged in hostilities outside the territory of the

United States, its possessions and territories without a declaration of

STAT.

] PUBLIC LAW

93-148-NOV.

7, 1973 557

war or specific statutory authorization, such forces shall be removed

by the

President

if the Congress so directs by concurrent resolution.

rONGKESSlONAJ.

I'HIOHriY

rHOCEDURES

FOR JOINT

KEJSOIA TION

KILJ.

SEC.

6. (a) Any joint resolution or bill introduced pursuant to sec-

tion 5(b) at least thirty calendar days before the expiration of the

sixty-day period specified in such section shall be referred to the Com-

mittee 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 tAventy-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 pend-

ing 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 there-

after, unless such House shall otherwise determine by yeas and nays.

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 other-

wise 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

repoit

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 sec-

tion 5(c) 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 deter-

mine 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 there-

after, unless such House shall otherwise determine by yeas and nays.

referred to the committee of the other House named in subsection (a)

and shall be reported out by such committee together with its recom-

mendations within fifteen calendar days and shall thereupon become

the pending business of such House and shall be voted upon within

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

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. In the event the conferees are unable to

agree within 48 hours, they shall report back to their respective Houses

in disagreement.

IXTERPRETATION

OP 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 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;

(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

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;

(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.

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.

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 0. 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 Representa-

tives.

w. PAT JENNINGS

Clerk.

IN THE SENATE OF THE UNITED STATES

November

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

560

PUBLIC LAW

93-149-NOV.

7, 1973 [87 STAT.

Resolved, That the said joint resolution pass, two-thirds of the Senators

present having voted in the affirmative.

Attest:

FRANCIS R. VALEO

Secretary.

November 7, 1973

[H.

5943]

Public Law 93-149

AN ACT

To amend the law authorizing the President to extend certain privileges to repre-

sentatives of member states on the Council of the Organization of American

States.

Council

Organization

American Sta

Diplomatic

privileges.

the

tes.

Be it enacted

the Senate and House of Representatives of the

United States of America in Congress assembled, That the Act of

July

10,1952

(66 Stat. 516, 22 U.S.C. 288g), is amended as follows:

(a) The title of the Act is amended to read as

follows:

"An Act to extend certain privileges to the representatives of mem-

ber states and permanent observers to the Organization of American

States."

(b) The body of the Act is amended to read as

follows:

"That, under such terms and conditions

he shall determine, the

President is hereby authorized to extend, or to enter into an agreement

extending, to the representatives of member states (other than the

United States) to the Organization of American States and to per-

manent observers to

the

Organization of

American

States, and to

members of the staffs of said representatives and permanent observers,

the same privileges and immunities, subject to corresponding condi-

tions and obligations, as are enjoyed by diplomatic envoys accredited

to the United States."

Approved November 7, 1973.

November 7, 1973

[H.

R. 9639]

Public Law 93-150

AN ACT

To amend the National School Lunch and Child Nutrition Acts for the purpose

of providing additional Federal financial assistance to the school lunch and

school breakfast programs.

National School

Lunch and Child

Nutrition Act

Amendments of

1973.

86 Stat. 726.

use

1753.

60 Stat. 232;

Stat. 729.

use

1757.

enacted hy the Senate and House of Representatives of the

Ignited

States of America In Congress

assembled.

That this Act may

be cited as the "National School Lunch and Child Nutrition Act

Amendments

1973".

REIMBURSEMENT

SEC.

2. (a) Section

of the National School Lunch Act is amended

to delete the phrase "8 cents per lunch" as it appears in said section

and substitute the phrase "10 cents per lunch".

(b) Section 8 of the National School Lunch Act is amended by

inserting

before

the last sentence thereof the

following

new

sentence:

"In any fiscal year in which the national average payment per lunch

determined under section 4 is increased above the amount prescribed

the previous fiscal year, the maximum Federal food-cost contribu-

tion rate, for the type of lunch served, shall be increased by a like

funount."