b. National Emergencies Act, as amended (Public Law 94-412)... c. Authorization for Use of Military Force Against Iraq (Public Law d. United States Military Forces in Lebanon. 129 1134 1136 (1) Multinational Force in Lebanon Resolution (Public Law 98- 1136 (2) Agreement Between the United States and Lebanon Regard- 1140 2. Cuban Resolution (Public Law 87-733). 1143 3. Middle East Resolutions and Related Material. 1144 a. Resolution To Promote Peace and Stability in the Middle East b. Multinational Force and Observers Participation Resolution (Public 1144 1146 c. Multinational Force and Observers Reports (Executive Order 12361).. 1151 1152 4. Tonkin Gulf Resolution (Public Law 88-408) (repealed). 1154 1156 1157 a. Cooperative Agreements With NATO Allies and Other Countries 1157 b. Reaffirming the United States Commitment to the North Atlantic 1176 c. Reaffirming the Unity of the North Atlantic Alliance Commitment 1177 7. Taiwan Relations.. 1178 a. Taiwan Relations Act (Public Law 96-8). 1178 b. Maintaining Unofficial Relations with the People of Taiwan (Execu- 1188 8. Panama Canal 1191 a. Panama Canal Act of 1979 (Public Law 96-70). 1191 b. Panama Canal Commission Authorization-Fiscal Year 1992 (Public 1247 c. Panama Canal Commission Authorization-Fiscal Year 1991 (Public 11250 d. Panama Canal Commission Authorization-Fiscal Year 1990 (Public 11252 e. Panama Canal-Report to Congress (Public Law 100-203) (partial f. Delegation of Panama Canal Functions (Executive Order 12215)..... 1254 1255 1. War Powers a. War Powers Resolution Public Law 93–148 [H.J. Res. 542], 87 Stat. 555, passed over President's veto November 7, 1973 JOINT RESOLUTION Concerning the war powers of Congress and the President. Resolved by the Senate and 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. 2.1 (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 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-inChief 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. 3.2 The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United 150 U.S.C. 1541. See also the authorization for use of U.S. military force against Iraq (Public Law 102-1; 105 Stat. 3), page 1134. 2 50 U.S.C. 1542. 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 House 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. 7.7 (a) Any concurrent resolution introduced pursuant to section 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 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 upon within 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 750 U.S.C. 1546. 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. 8.8 (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 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 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 members 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 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. $50 U.S.C. 1547. |