(a) to repel an attack upon the United States, its territories and possessions; to take necessary and appropriate retaliatory actions in the event of such an attack; and to forestall the direct and imminent threat of such an attack; (b) to repel an attack against the Armed Forces of the United States located outside of the United States, its territories and possessions, and to forestall the direct and imminent threat of such an attack; (c) to protect while evacuating citizens of the United States, as rapidly as possible, from any country in which such citizens, there with the express or tacit consent of the government of such country, are being subjected to a direct and imminent threat to their lives, either sponsored by such government or beyond the power of such government to control: Provided, That the President shall make every effort to terminate such a threat without using the Armed Forces of the United States: And provided further, That the President shall, where possible, obtain the consent of the government of such country before using the Armed Forces of the United States; or (d) pursuant to specific statutory authorization, but authority to use the Armed Forces of the United States in hostilities shall not be inferred from any Treaty or provision of law, including any provision contained in any appropriation act, unless such Treaty or provision specifically authorizes the use of such Armed Forces in hostilities and exempts the use of such Armed Forces from compliance with the provisions of this Act. Specific statutory authorization is required for the assignment of members of the Armed Forces of the United States to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such forces are engaged, or there exists an imminent threat that such forces will become engaged, in military hostilities. No Treaty in force at the time of the enactment of this Act shall be construed as specific statutory authorization for, or a specific exemption permitting, the use of the Armed Forces of the United States in hostilities, within the meaning of this section. REPORTS SEC. 4. The use of the Armed Forces of the United States in hostilities pursuant to section 3 of this Act shall be reported promptly in writing by the President to the Speaker of the House of Representatives and the President of the Senate, together with a full account of the circumstances under which such hostilities were initiated, the estimated scope of such hostilities, and the consistency of such hostilities with the provisions of section 3. Whenever Armed Forces of the United States are engaged in hostilities outside of the United States, its territories and possessions, the President shall, so long as such forces continue to be engaged in such hostilities, report to the Congress periodically on the status of such hostilities as well as the scope and expected duration of such hostilities, but in no event shall he report to the Congress less often than every six months. THIRTY-DAY AUTHORIZATION PERIOD SEC. 5. Hostilities commenced pursuant to section 3 of this Act shall not be sustained beyond thirty days from the date of their initiation except as provided in specific legislation enacted for that purpose by the Congress and pursuant to the provisions thereof. TERMINATION WITHIN THIRTY-DAY PERIOD SEC. 6. Hostilities commenced pursuant to section 3 of this Act may be terminated prior to the thirty-day period specified in section 5 by statute or joint resolution of Congress. CONGRESSIONAL PRIORITY PROVISIONS SEC. 7. (a) Any bill or resolution, authorizing the continuation of hostilities under subsection (a), (b), or (c) of section 3 of this Act, or the termination of hostilities under section 6 of this Act shall, if sponsored or cosponsored by one-third of the Members of the House of Congress in which it is introduced, be considered reported to the floor of such House no later than one day following its introduction unless the Members of such House otherwise determine by yeas and nays; any such bill or resolution referred to a committee after having passed one House of Congress shall be considered reported to the floor of the House referring it to committee within one day after it is so referred, unless the Members of the House referring it to committee shall otherwise determine by yeas and nays. (b) Any bill or resolution reported to the floor pursuant to subsection (a) shall immediately become the pending business of the House to which it is reported, and shall be voted upon within three days after it has been reported, unless such House shall otherwise determine by yeas and nays. EFFECTIVE DATE SEC. 8. This Act shall take effect on the date of its enactment but shall not apply to hostilities in which the Armed Forces of the United States are involved on the effective date of this Act. J. W. FULBRIGHT. CONTENTS Ball, George, Lehman Bros. International, New York, N.Y. Bentsen, Hon. Lloyd M., U.S. Senator from Texas---- Bickel, Alexander M., professor of law, Yale University. Bundy, McGeorge, president, Ford Foundation__. Chiles, Hon. Lawton, U.S. Senator from Florida.. Commager, Henry Steele, professor of history, Amherst College----- 193, 599 Goldberg, Arthur J., Esq., former U.S. Ambassador to the United 768 Javits, Hon. Jacob K., U.S. Senator from New York___ Kelly, Alfred H., professor of history, Wayne State University-.. Mason, Alpheus T., professor of political science, Princeton Univer- 251 Mathias, Hon. Charles McC., Jr., U.S. Senator from Maryland.... Moore, John Norton, professor, School of Law, University of Virginia_ Morris, Richard B., professor of history, Columbia University__ 485 Text of Senate Joint Resolution 18, 92d Congress, first session__ Text of Senate Joint Resolution 59, 92d Congress, first session___. Prepared Statement of Prof. Henry Steele Commager_. Gen. George Washington's Commission as Commander in Chief_ "American Foreign Policy in the 20th Century under an 18th-Century Constitution," article by Senator J. W. Fulbright, The Cornell Law "Does the President Have Too Much Power?" article by Henry Steele "S. 731-Introduction of a Bill to Regulate Undeclared War." Re- marks by Senator Jacob K. Javits, from the Congressional Record, "A Brief on S. 731, To Make Rules Respecting Military Hostilities in 138 Letters To Senator Jacob K. Javits in support of S. 731--- 147 154 157 Excerpt from Madison notes on debates of Constitutional Conven- Page tion concerning treaty making powers-- Colloquy between Senator Dole and Senator Thomas Eagleton concern- ing repeal of the Gulf of Tonkin Resolution, from the Congressional Speech of Senator Thomas F. Eagleton, delivered before Legal Action Fund for Peace, Columbia Men's Faculty Club, New York, N.Y.__ Instances under proposed legislation where President can act with- out specific authorizing congressional action by both Houses, chart__ Possible revision of section 2 of Senate Journal Resolution 59--- "The Place of the President and Congress in Foreign Policy," chap- ter 2 of "A Foreign Policy for Americans," by the late Senator "International Law and Military Operations Against Insurgents in Neutral Territory," note from Columbia Law Review, volume 68, 1968--- Major U.S. armed actions overseas, with relevant congressional action, Letter and enclosed memorandum to Hon. Robert Taft from David M. Abshire, Assistant Secretary of State for Congressional Relations, dated March 23, 1971, concerning treaties requiring immediate armed 275 Prepared statement of Senator Charles McC. Mathias, Jr__-- Prepared statement by Representative Paul Findley (R-Ill.), A Five U.S. military actions taken under a declaration of war.- Thirty-one military operations for broad strategic purposes--- Fifty-six hostile operations involving actual gunfire or imminent Sixty-four military operations lasting more than 30 days---. Sixty-five military actions taken by the United States outside the Membership of proposed Joint Committee on National Security--. Speech of Hon. Frank Horton of New York. from the Congressional Text of Senate Joint Resolution 95, 92d Congress, first session_ "Can Balance Be Restored in the Constitutional War Powers of the President and Congress"?, article by Hon. William B. Spong, Jr., volume 6, No. 1, University of Richmond Law Review, fall, 1971---- Statement of Senator Cooper concerning question raised by Senator Stennis during 1954 debates on the Korean security treaty, from the Congressional Record December 8, 1970____ Statement by Senator John Stennis concerning Senate Joint Resolu- |