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G. WAR POWERS, COLLECTIVE SECURITY, AND

RELATED MATERIAL

CONTENTS

1. War Powers ...

1367 a. War Powers Resolution (Public Law 93-148)

1367 b. National Emergencies Act, as amended (Public Law 94-412).

1373 c. Authorization for Use of Military Force Against Iraq (Public Law 102-1)....

1378 d. Authorization for Use of Military Force in Somalia (Public Law 103139) (partial text)

1380 e. U.S. Armed Forces in Somalia (Public Law 103-160) (partial text)....... 1382 f. United States Military Forces in Lebanon...

1384 (1) Multinational Force in Lebanon Resolution (Public Law 98119)........

1384 (2) Agreement Between the United States and Lebanon Regard

ing U.S. Participation in the Multinational Force, Dated Sep-
tember 30, 1982..

1388 2. Cuban Resolution (Public Law 87-733)..

1391 3. Middle East Resolutions and Related Material....

1392 a. Resolution To Promote Peace and Stability in the Middle East (Public Law 85–7).........

1392 b. Multinational Force and Observers Participation Resolution (Public Law 97-132).

1394 c. Multinational Force and Observers Reports (Executive Order 12361).. 1399 d. Implementing the United States Proposal for the Early-Warning System in Sinai (Public Law 94-110).

1400 4. Tonkin Gulf Resolution (Public Law 88-408) (repealed).

1402 5. National Commitment (S. Res. 85, 91st Congress).

1404 6. North Atlantic Alliance....

1405 a. Cooperative Agreements With NATO Allies and Other Countries (Title 10, Chapter 138)...

1405 b. Reaffirming the United States Commitment to the North Atlantic Alliance (Public Law 96-9)....

1426 c. Reaffirming the Unity of the North Atlantic Alliance Commitment (Public Law 95-287).

1427 7. Taiwan Relations ..

1428 a. Taiwan Relations Act (Public Law 96-8)

1428 b. Maintaining Unofficial Relations with the People of Taiwan (Executive Order 12143)..

1438 8. Panama Canal

1441 a. Panama Canal Act of 1979 (Public Law 96-70).

1441 b. Panama Canal Commission Authorization-Fiscal Year 1994 (Public Law 103-160) (partial text)...

1499 c. Panama Canal Commission Authorization-Fiscal Year 1993 (Public Law 102-484) (partial text)..

1501 d. Panama Canal Commission Authorization-Fiscal Year 1992 (Public Law 102-190) (partial text)...

1504 e. Panama Canal Commission Authorization-Fiscal Year 1991 (Public Law 101-510) (partial text)....

1507 1509

f. Panama Canal Commission Authorization-Fiscal Year 1990 (Public

Law 101-189) (partial text).. g. Panama Canal - Report to Congress (Public Law 100-203) (partial

text) h. Delegation of Panama Canal Functions (Executive Order 12215) .....

1511 1512

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 States Armed Forces are no longer engaged in hostilities or have been removed from such situations.

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 1378. See also Congressional findings and conditional authorization for use of U.S. military force in Somalia (sec. 8151 of Public Law 103-139; 107 Stat. 1475), page 1380, and the sense of the Congress and a statement of Congressional policy on U.S. armed forces in Somalia (sec. 1512 of Public Law 103-160; 107 Stat. 1840), page 1382. 2 50 U.S.C. 1542.

REPORTING

SEC. 4.3 (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 of 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 re sponsibilities 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 4 SEC. 5.5 (a) Each report submitted pursuant to section 4(aX1) shall be transmitted to the Speaker of the House of Representa

3 50 U.S.C. 1543.

4 Consider also sec. 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1062; 50 U.S.C. 1546a) which provides:

“EXPEDITED PROCEDURES FOR CERTAIN JOINT RESOLUTION AND BILLS “Sec. 1013. Any joint resolution or bill introduced in either House which requires the removal of United States Armed Forces engaged in hostilities outside the territory of the United States. its possessions and territories, without a declaration of war or specific statutory authorization shall be considered in accordance with the procedures of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, except that any such resolution or bill shall be amendable. If such a joint resolution or bill should be vetoed by the President, the time for debate in consideration of the veto message on such measure shall be limited to twenty

Continued

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