87 STAT. 1069 Publication in Federal Register. "SPONGES "Glove Sponge-Hippiospongia canaliculata; "Yellow Sponge-Spongia barbera. (b) The Secretary of Commerce, in consultation with the Secretary of State, is authorized to publish in the Federal Register additional species of living organisms covered by the provisions of subsection (a) of this section.' Approved January 2, 1974. LEGISLATIVE HISTORY: HOUSE REPORT No. 93-687 (Comm. on Merchant Marine and Fisheries). CONCRESSIONAL RECORD, Vol. 119 (1973): Dec. 4, considered and passed House. Dec. 18, considered and passed Senate, amended. To amend titles 10 and 37, United States Code, to make permanent certain provisions of the Dependents Assistance Act of 1950, as amended, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I-AMENDMENTS TO MAKE PERMANENT CER- SEC. 101. Sections 10, 11, and 12 of the Dependents Assistance Act "§ 1173. Enlisted members: discharge for hardship "Under regulations prescribed by the Secretary concerned, a regular enlisted member of an armed force who has dependents may be discharged for hardship." Armed Forces. Dependents, allowances. Repeal. 64 Stat. 796. 70A Stat. 89; 81 Stat. 757. 10 USC 1161. 87 STAT. 147 87 STAT. 148 SEC. 103. Section 401 of title 37, United States Code, is amended by- 76 Stat. 469. (1) amending clause (2) to read as follows: (2) his unmarried child (including any of the following categories of children if such child is in fact dependent on the member: a stepchild; an adopted child; or an illegitimate child whose alleged member-father has been judicially decreed to be the father of the child or judicially ordered to contribute to the child's support, or whose parentage has been admitted in writing by the member) who either "(A) is under 21 years of age; or "(B) is incapable of self-support because of a mental or physical incapacity, and in fact dependent on the member for over one-half of his support; and"; and (2) striking out the first sentence after clause (3). SEC. 104. Section 401 (3) of title 37, United States Code, is amended to read as follows: "(3) his parent (including a stepparent or parent by adoption, and any person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least five years before the member became 21 years of age) who is in fact dependent on the member for over one-half of his support; however, the dependency of such a parent is determined on the basis of an affidavit submitted by the parent, and any other evidence required under regulations prescribed by the Secretary concerned, and he is not considered a dependent of the member claiming the dependence unless "(A) the member has provided over one-half of his support Quarters, basio SEC. 105. Section 403 of title 37 is amended (1) by striking out that part of the table in subsection (a) which prescribes monthly basic allowances for quarters for enlisted members in pay grades E-1, E-2, E-3, E-4 (four years' or less service), and E-4 (over four years' service) and inserting in place thereof the following: $81.60 $121. 50 "E-4 E-3 E-2 E-1 87 STAT. 148 87 STAT. 149 85 Stat. 355. 85 Stat. 357. 87 STAT. 149 85 Stat. 358. Repeal. 63 Stat. 811. Effective date. (2) by striking out the last sentence in subsection (a); (3) by striking out "subsection (g)" in the second sentence of subsection (b), and inserting in place thereof "subsection (j)"; (4) by inserting the following new subsections after subsection (f): "(g) An aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to the same basic allowance for quarters as a member of the uniformed services in pay grade E-4. "(h) The Secretary concerned, or his designee, may make any determination necessary to administer this section with regard to enlisted members, including determinations of dependency and relationship, and may, when warranted by the circumstances, reconsider and change or modify any such determination. This authority may be redelegated by the Secretary concerned or his designee. Any determination made under this section with regard to enlisted members is final and is not subject to review by any accounting officer of the United States or a court, unless there is fraud or gross negligence. "(i) Notwithstanding any other provision of law, the basic allowance for quarters to which an enlisted member may be entitled as a member with dependents shall not, for such period as the Secretary concerned may prescribe, be contingent on the right of such member to receive pay."; and (5) by redesignating subsection (g) as subsection (j). TITLE II-MISCELLANEOUS PROVISIONS SEC. 201. Section 302 of title 37, United States Code, is amended by striking out "July 1, 1973" wherever it appears therein and inserting in place thereof “July 1, 1975". SEC. 202. Section 302a of title 37, United States Code, is amended by striking out "July 1, 1973" wherever it appears therein and inserting in place thereof "July 1, 1975". SEC. 203. Section 303 of title 37, United States Code, is amended by striking out "July 1, 1973" wherever it appears therein and inserting in place thereof "July 1, 1975". SEC. 204. Section 308a of title 37, United States Code, is amended. by (1) striking out the phrases "any combat element of an armed force" and "a combat element of an armed force" in the first sentence of subsection (a) and inserting in place thereof the phrases "the career field of Infantry, Armor, or Field Artillery Cannon in the Army, or the career field of Infantry, Field Artillery, or Tank and Amphibian Tractor in the Marine Corps" and "such a career field", respectively; and (2) striking out in subsection (c) "June 30, 1973" and inserting in place thereof "June 30, 1974". SEC. 205. Section 207 of the Career Compensation Act of 1949, as amended (70 Stat. 338), is repealed. SEC. 206. This Act shall become effective July 1, 1973. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 93- 282 (Comm. on Armed Services) and No. 93-361 (Comm. of Conference). SENATE REPORT No. 93-235 accompanying S. 1916 (Comm. un Armed Services). June 19, considered and passed House. June 22, considered and passed Senate, amended, in lieu of S. 1916. June 28, House discussed bill and instructed conferees. Public Law 93-148 93rd Congress, H. J. Res. 542 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. (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. War Powers (b) Under article I, section 8, of the Constitution, it is specifically USC prec. provided that the Congress shall have the power to make all laws neces- title 1. sary 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. 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. REPORTING SEC. 4. (a) In the absence of a declaration of war, in any case in which United States Armed Forces are introduced— 87 STAT, 555 (1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances; (2) into the territory, airspace or waters of a foreign nation, 87 STAT. 556 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; 87 STAT. 556 87 STAT. 557 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 responsibilities 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 SEC. 5. (a) Each report 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 percent 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 certifies 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 war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs by concurrent resolution. CONGRESSIONAL PRIORITY PROCEDURES FOR JOINT RESOLUTION OR BILJ. SEC. 6. (a) Any joint resolution or bill introduced pursuant to section 5(b) at least thirty calendar days before the expiration of the sixty-day period specified in such section 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 such committee shall report one such joint resolution or bill, together with its recommendations, not later than twenty-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 pending business of the House in question (in the case of the Senate the |