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S. 731, S.J. Res. 18 and S.J. Res. 59

MARCH 8, 9, 24, AND 25, APRIL 23 AND 26, MAY 14, JULY 26 AND 27

AND OCTOBER 6, 1971

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Printed for the use of the Committee on Foreign Relations

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON 1972

53-809

For sale by the Superintendent of Documents, U.S. Government Printing Office

Washington, D.C. 20402 Price $8.50

J 256 158 1972

COMMITTEE ON FOREIGN RELATIONS

J. W. FULBRIGHT, Arkansas, Chairman
JOHN SPARKMAN, Alabama

GEORGE D. AIKEN, Vermont
MIKE MANSFIELD, Montana

KARL E. MUNDT, South Dakota
FRANK CHURCH, Idaho

CLIFFORD P. CASE, New Jersey STUART SYMINGTON, Missouri

JOHN SHERMAN COOPER, Kentucky
CLAIBORNE PELL, Rhode Island

JACOB K. JAVITS, New York
GALE W. MOGEE, Wyoming

HUGH SCOTT, Pennsylvania
EDMUND S. MUSKIE, Maine

JAMES B. PEARSON, Kansas
WILLIAM B. SPONG, JR., Virginia

CARL MARCY, Chief of Staf
ARTHUR M. KUHL, Chief Clerk

(II)

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On March 8, 1971, the Committee on Foreign Relations began its hearings on S. 731, Senate Joint Resolution 18, and Senate Joint Resolution 59, concerning the division of war powers between Congress and the President. During the course of the hearings the following legislation, which can be found in the body of the printed hearings and the appendix thereto, was introduced and referred to the Committee on Foreign Relations:

S. 1880, by Mr. Bentsen, on May 17, 1971,

Senate Joint Resolution 95, by Mr. Stennis, on May 11, 1971, and

House Joint Resolution 1, by Mr. Zablocki, January 22, 1971, which passed the House by a voice vote on August 2, 1971, and was

referred to the Committee on Foreign Relations on August 3, 1971. After the committee's hearings had concluded, S. 731 was reintroduced as S. 2956, which bill is the source of the bill reported with amendments by the committee. The text of S. 2956 follows:

[S. 2956, 92d Cong., first sess.) A BILL To make rules governing the use of the Armed Forces of the United States in

the absence of a declaration of war by the Congress Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

SECTION 1. This Act may be cited as the “War Powers Act of 1971".

PURPOSE AND POLICY

SEO. 2. It is the purpose of this Act 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 initiation of hostilities involving the Armed Forces of the United States, and to the continuation of such hostilities. Under article 1, section 8, 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 this Constitution in the Government of the United States, or in any department or officer thereof." At the same time, the Act is not intended to encroach upon the recognized powers of the President, as Commander in Chief, to conduct hostilities authorized by the Congress, to respond to attacks or the imminent threat of attacks upon the United States, including its territories and possessions, to respond to attacks or the imminent threat of attacks against the Armed Forces of the United States, and, under proper circumstances, to rescue endangered citizens of the United States located in foreign countries.

EMERGENCY USE OF THE ARMED FORCES

Sec. 3. In the absence of a declaration of war by the Congress, the Armed Forces of the United States shall be introduced in hostilities, or in situations where imminent involvement in hostilities is clearly indicated by the circumstances, only

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