War Powers Resolution
PL 93-148 (H.J.Res.542), enacted 11/07/1973

87 STAT. ] 
PUBLIC LAW 93-148-NOV. 7, 1973 
555 
(b) The table of sections for chapter oo of title 18 of tlie United 
States Code is amended by striking out of the item designated 
"712. Misuse of names by collecting agencies to indicate Federal agency." 
and inserting in lieu thereof 
••712. Misuse of names, words, emblems, or insignia.". 
Approved November 3, 1973. 
Public Law 93-148 
JOINT RESOLUTION 
November 7, 1973 
Concerning the war powers of Congress and the President, 
[H. J. Res. 542] 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress asserribted^ 
War Powers 
Resolution, 
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 indicated by the circumstances, and to the con-
tinued 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 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 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 ter-
ritories 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 hostili-
ties or into situations where imminent involvement in hostilities is 
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 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 hos'tilities or into situations where imminent involve-
ment in hostilities is 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; 
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 -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 
(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 responsi-
bilities 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 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. 
(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 
87 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 J O I N T 
KEJSOIA TION 
OK 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. 
(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 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. 
(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 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 to 
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 J O I N T 
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; 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 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 
59 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; 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. 
87 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 A L B E R T 
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. P A T JENNINGS 
Clerk. 
I certify that this Joint Resolution originated in the House of Representa-
tives. 
w. P A T 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 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. V A L E O 
Secretary. 
November 7, 1973 
[H. R. 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 of 
Organization 
American Sta 
Diplomatic 
privileges. 
the 
of 
tes. 
Be it enacted hy 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 as 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. 
42 u s e 1753. 
60 Stat. 232; 
56 Stat. 729. 
42 u s e 1757. 
Be It 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 of 1973". 
REIMBURSEMENT 
SEC. 2. (a) Section 4 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 
hi 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."