US House Passes Resolution Limiting Military Action Against Iran: Bolton: Repeal the War Powers Act
The War Powers Act: read below feature
The U.S. House of Representatives approved a resolution Thursday directing President Donald Trump to not use the military to engage in hostilities with Iran. The vote was 224-194. VOA NEWS
In an earlier statement, House Speaker Nancy Pelosi had criticized the Trump administration for conducting the airstrike last week that killed Iranian Quds Force commander Qassem Soleimani without consulting Congress.
She called the airstrike a “provocative and disproportionate” action that endangered U.S. troops and diplomats.
The resolution calls for the president to halt the use of U.S. forces against Iran unless Congress has declared war or given statutory approval, or unless such military action is necessary to defend against an imminent attack against the United States, its territories or armed forces.
“The administration must work with the Congress to advance an immediate, effective de-escalatory strategy that prevents further violence,” Pelosi said. “America and the world cannot afford war.”
With Democrats in control of the House, the measure was expected to easily pass, but its fate in the Republican-controlled Senate is less clear.
Administration briefing
Top administration officials, including Secretary of State Mike Pompeo, Defense Secretary Mark Esper and CIA Director Gina Haspel, went to Capitol Hill on Wednesday to brief members of both the House and Senate about the decision to carry out the airstrike against Soleimani.
Many Democrats criticized the session as lacking specific justifications for the strike. Republicans, with a few exceptions, emerged supportive of the administration’s actions.
“I’m convinced that had decisive action not been taken, we could very well be standing here today talking about the death of dozens, if not hundreds of Americans at the hands of Shia militias working as proxies for the Iranian regime,” Republican Senator Marco Rubio said.
Democratic Senator Tim Kaine said that based on the officials’ presentation, “It does not meet what I consider to be an imminent threat.”
Republican Senator Jim Risch said that after hearing the information available to Trump, “it would have been negligent, it would have been reckless and it would have been an intentional disregard for the safety of Americans for the president not to act and not to take out Soleimani.”
Two Republicans back debate
Senators Mike Lee and Rand Paul, both Republicans, said after the briefing they would support a resolution under the War Powers Act.
“The debate is a 70-year-long debate that began in 1950 with Korea and [President Harry] Truman. … Our duty under the Constitution is for us to debate when we go to war. And we, for one, are not going to abdicate that duty,” Paul said.
The House resolution text labels Iran a state sponsor of terrorism that engages in destabilizing activities across the Middle East, with Soleimani as the lead architect of many of those actions.
It says the United States has an inherent right to self-defense against imminent attacks, but that in those cases the executive branch should tell Congress why military action is necessary, why it needs to happen within a certain period of time, and what the harm would be in missing that window. It also says the administration should explain why taking military action would likely prevent future attacks.
War Powers Act
87 STAT. ] PUBLIC LAW 93-148-NOV. 7, 1973
555
(
Public Law 93-148
Concerning the war powers of Congress and the President,
Resolved hy the Senate and House of Representatives of the United States of America in Congress asserribted^
SHORT TITLE
SECTION 1. This joint resolution may be cited as the “War Powers Resolution”.
PURPOSE A N D 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.
November 7, 1973 [H. J. Res. 542]
War Powers Resolution,
JOINT RESOLUTION
(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 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 JOINT 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.
59 Stat. 1031.
of’united”sta\Ts Arm^d Forcrs!’^’
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 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; 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 ^]^g United Nations Charter or any treatv ratified by the United States prior to such date.
^^^ ^^^ purposcs 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 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 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:
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 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
W. PAT JENNINGS
Clerk.
560
PUBLIC LAW 93-149-NOV. 7, 1973 [87 STAT.
November 7, 1973 [H. R. 5943]
Council of the Organization of American States.
Diplomatic privileges.
AN ACT
November 7, 1973 [H. R. 9639]
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.
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.
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.
Be It enacted hy the Senate and House of Representatives of the
Resolved, That the said joint resolution pass, two-thirds of the Senators present having voted in the affirmative.
Attest:
Public Law 93-149
FRANCIS R. VALEO
Secretary.
National School Ignited States of America In Congress assembled. That this Act may
Lunch and Child Nutrition Act Amendments of
1973.
86 Stat. 726. 42 use 1753.
60 Stat. 232; 56 Stat. 729.
42 u s e 1757.
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.”