Revision of War Powers Resolution

The War Powers Resolution (50 U.S.C. 1541–1548) is amended by striking out all after the resolving clause and inserting in lieu thereof the following:

Short title and table of contents

(a)

Short title

This joint resolution may be cited as the Constitutional War Powers Resolution. (b)

Table of contents

The table of contents for this joint resolution is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Declaration of policy and purpose.

Sec. 3. Uses of the Armed Forces in hostilities.

Sec. 4. Consultation between the President and Congress.

Sec. 5. Reports to the Congress.

Sec. 6. Congressional action with respect to hostilities.

Sec. 7. Congressional expedited procedures.

Sec. 8. Judicial review.

Sec. 9. Rules of interpretation.

Sec. 10. Rules of construction.

Sec. 11. Definitions.

Sec. 12. Separability clause.

Declaration of policy and purpose

(a)

Declaration of policy

The Congress declares that— (1)the decision of the United States to provide for the initiation of hostilities by the Armed Forces, except for a limited range of defensive purposes, requires a collective judgment of the Congress and the President; (2)the conduct of the Armed Forces in hostilities requires undivided command by the Commander-in-Chief; and (3)the continued use of the Armed Forces in hostilities ultimately requires continued appropriation and oversight by the Congress. (b)

Purpose

It is the purpose of this joint resolution to fulfill the intent of the framers of the Constitution of the United States and ensure that the collective judgment of both the Congress and the President will apply to— (1)the initiation of hostilities by the Armed Forces, (2)the continued use of the Armed Forces in hostilities, and (3)the participation of the Armed Forces in certain military operations of the United Nations.

Uses of the Armed Forces in hostilities

(a)

In General

The initiation of hostilities by the Armed Forces may occur only as follows: (1)

Declaration of war

Pursuant to a declaration of war by the Congress. (2)

Specific statutory authorization

In accordance with a specific statutory authorization, which shall include the duration of the authority for the deployment of the Armed Forces. (3)

Armed attack on united states

To the extent necessary— (A)to repel an armed attack upon the United States; or (B)to take necessary and appropriate retaliatory actions in the event of such an attack. (4)

Armed attack on the armed forces

To the extent necessary to repel an armed attack against Armed Forces located outside the United States. (5)

Evacuation of united states citizens

To the extent necessary to protect United States citizens or nationals while evacuating them as rapidly as possible from a situation, outside the United States to include international waters and airspace. Where the source of the threat is within a foreign country, the threat is supported by the government of that country or the government of that country is unable or unwilling to control the situation, the President shall make every effort to terminate any such threat without using the Armed Forces. Before using the Armed Forces to protect United States citizens or nationals being evacuated from a foreign country in accordance with this paragraph, the President shall, where possible, obtain the consent of the government of that country. (b)

Funding Limitation

Funds appropriated or otherwise made available under any law may not be obligated or expended for any initiation, other than an initiation described in subsection (a), of hostilities by the Armed Forces.

Consultation between the President and Congress

(a)

Requirements for Consultation

(1)The President shall consult with the Congress before the initiation of hostilities by the Armed Forces in accordance with any of paragraphs (1) and (2) of section 3(a). After every such initiation, the President shall consult regularly with the Congress until the Armed Forces are no longer in hostilities. The President, in every possible instance, shall consult with the Congress before the initiation of hostilities by the Armed Forces in accordance with any of paragraphs (3) through (5) of section (3)(a). (2)The President, in every possible instance, shall consult with the Congress— (A)before Armed Forces are introduced into the territory, airspace, or waters of a foreign country while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; (B)before Armed Forces are introduced into the territory, airspace, or waters of a foreign country in which there are already Armed Forces equipped for combat if such initiation would substantially enlarge the number of Armed Forces equipped for combat located in that country or otherwise substantially increase the military capabilities of such forces; or (C)before committing Armed Forces to an operation authorized by the United Nations Security Council under chapter VII of the United Nations Charter. (b)

Executive-Legislative Consultative Group

The consultation required by subsection (a) shall include participation by— (1)the President and those senior executive branch officials designated by the President; and (2)the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Majority Leader and Minority Leader of the House of Representatives and the Senate.

Reports to the Congress

(a)

Reporting Requirement relating to use of the Armed Forces pursuant to a declaration of war or specific statutory authorization

The President shall submit the report described in subsection (c) before the initiation of hostilities by the Armed Forces in accordance with paragraph (1) or (2) of section 3(a). (b)

Reporting Requirement relating to emergency use of the Armed Forces

The President shall submit the report described in subsection (c) within 48 hours after the initiation of hostilities by the Armed Forces in accordance with paragraph (3), (4), or (5) of section 3(a). (c)

Description of Report Required

The report required by subsections (a) and (b) is a written report submitted by the President to the Speaker of the House of Representatives and the President pro tempore of the Senate on the same calendar day, setting forth— (1)the circumstances necessitating the initiation of hostilities by the Armed Forces; (2)the specific constitutional and legislative authority under which such initiation is permissible; (3)the estimated scope and duration of the hostilities or the involvement of the Armed Forces, as the case may be; (4)the estimated cost of the hostilities, including post-hostility reconstruction; (5)the assets of the Armed Forces to be introduced or introduced; (6)an assessment of the diplomatic impact on United States foreign relations; and (7)a detailed assessment of post-hostilities scenarios, including the size of military forces and the duration of deployment necessitated under each alternative scenario.

Any such report shall state expressly that it is being submitted pursuant to this section.

(d)

Continuing Reports

Whenever hostilities are initiated by the Armed Forces the President shall, so long as the Armed Forces continue to be involved in those or related hostilities, report to the Congress periodically on the status of such hostilities as well as on the scope and estimated duration of such hostilities, but in no event shall the President report to the Congress less often than once every six months.

Congressional action with respect to hostilities

(a)

Receipt of Section 5(b) Report

Each report submitted pursuant to section 5(b) 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 they are petitioned by at least 30 percent of the membership of their respective Houses) shall jointly request the President to convene the Congress in order that it may consider the report and take appropriate action pursuant to this section. (b)

Requirement for Specific Statutory Authorization for Continued Involvement

Within 30 calendar days after the initiation of hostilities by the Armed Forces in accordance with paragraph (3), (4), or (5) of section 3(a), the President shall remove the Armed Forces from those hostilities unless the Congress— (1)has declared war; (2)has enacted a joint resolution providing specific authorization for such use of the Armed Forces; (3)has extended by law such 30-day period; or (4)is physically unable to meet as a result of an armed attack upon the United States. (c)

Funding Limitation

Unless one of the numbered paragraphs of subsection (b) applies, after the expiration of the period specified in that subsection (including any extension of that period in accordance with that subsection), funds appropriated or otherwise made available under any law may not be obligated or expended to continue the involvement of the Armed Forces in the hostilities. This subsection does not, however, prohibit the use of funds to remove the Armed Forces from hostilities.

Congressional expedited procedures

(a)

Resolutions Subject to Procedures

As used in this section, the term privileged resolution means a joint resolution— (1)that provides specific authorization for the use of the Armed Forces in hostilities, so long as that resolution contains only provisions which are relevant to those hostilities; (2)that is introduced after the President has submitted a written request to the Congress for enactment of such an authorization with respect to those or related hostilities; and (3)that references this section. (b)

Procedure in House of Representatives

(1)This subsection applies to the consideration of a privileged resolution in the House of Representatives. (2)A privileged resolution introduced in the House of Representatives shall be referred, upon introduction, to the Committee on Foreign Affairs. A privileged resolution shall not be sequentially referred. (3)(A)If, at the end of 10 calendar days after the introduction of a privileged resolution, the Committee on Foreign Affairs has not reported that resolution, that committee shall be discharged from further consideration of that resolution and that resolution shall be placed on the appropriate calendar of the House, or at any time prior to the end of such 10-day period if 30 percent of the membership of the House requests that the resolution be immediately placed on the appropriate calendar of the House. (B)After a privileged resolution has been placed on the appropriate calendar, no other privileged resolution with respect to the same hostilities may be reported by or be discharged from any committee under this subsection while the first resolution— (i)is before the House of Representatives (including remaining on the calendar), (ii)is before the Senate (including remaining on the calendar) unless the Senate has had a vote on final passage with respect to the resolution and a majority of those voting did not vote in the affirmative, (iii)is before a committee of conference or otherwise awaiting disposition of amendments between the Houses, or (iv)is awaiting transmittal to the President or is before the President. (4)(A)(i)At any time after a privileged resolution has been placed on the appropriate calendar, it is in order for any Member of the House of Representatives to move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of that resolution. The motion is highly privileged. (ii)The motion under clause (i) is in order even if a previous motion to the same effect has been disagreed to. (B)All points of order against a privileged resolution and consideration of the resolution are waived. If the motion under subparagraph (A) is agreed to, the privileged resolution shall remain the unfinished business of the House until disposed of, to the exclusion of all other business (other than a motion to adjourn), except as provided in paragraph (5)(A). A motion to reconsider the vote by which the motion is disagreed to is not in order. (C)General debate on a privileged resolution shall not exceed 4 hours, which shall be divided equally between a Member favoring and a Member opposing the resolution. (D)(i)At the conclusion of general debate, a privileged resolution shall be considered for amendment under the 5-minute rule. (ii)Debate on all amendments shall not exceed 12 hours. After the expiration of that period, no further amendments shall be in order. (iii)Except as provided in the next sentence, debate on each amendment, and any amendments thereto, shall not exceed one hour. If the Committee on Foreign Affairs reports an amendment in the nature of a substitute to the text of a privileged resolution, that amendment shall be considered to be original text for purposes of amendment and debate on each amendment to that amendment, and any amendments thereto, shall not exceed one hour. (E)At the conclusion of consideration of amendments to a privileged resolution, the Committee of the Whole shall rise and report the resolution back to the House, and the previous question shall be considered as ordered on the resolution, with any amendments adopted in the Committee of the Whole, to final passage without intervening motion, except one motion to recommit with or without instructions. (5)(A)Except as provided in subparagraph (B), if, before the passage by the House of Representatives of a privileged resolution of the House, the House receives a privileged resolution from the Senate with respect to the same or related hostilities, then the following procedures shall apply: (i)The resolution of the Senate shall not be referred to a committee. (ii)With respect to the privileged resolution of the House— (I)the procedure in the House shall be the same as if no resolution had been received from the Senate; but (II)the privileged resolution of the Senate shall be considered to have been read for the third time; the vote on final passage shall be on the resolution of the Senate (if the resolutions are identical), or on the resolution of the Senate (if they are not identical) with the text of the resolution of the House inserted in lieu of the text of the resolution of the Senate; and the vote on final passage shall occur without debate or any intervening action. (iii)Upon disposition of a privileged resolution received from the Senate, consideration of the privileged resolution of the House shall no longer be privileged under this section. (B)If the House receives from the Senate a privileged resolution before any privileged resolution is introduced in the House with respect to the same or related hostilities, then the resolution of the Senate shall be referred to the appropriate committee or committees, and the procedures in the House with respect to that resolution shall be the same under this subsection as if the resolution received had been introduced in the House. (C)If the House receives from the Senate a privileged resolution after the House has disposed of an identical privileged resolution, it shall be in order to proceed by a highly privileged, nondebatable motion to consideration of the resolution of the Senate, and that resolution shall be disposed of without debate and without amendment. (6)A motion to disagree with amendments of the Senate to a privileged resolution of the House and request or agree to a conference with the Senate, or a motion to insist on the House amendments to a privileged resolution of the Senate and request or agree to a conference of the Senate, is highly privileged. (7)(A)If the conferees are unable to agree on resolving the differences between the two Houses with respect to a privileged resolution within 72 hours after the second House is notified that the first House has agreed to conference, they shall report back to their respective House in disagreement. (B)Notwithstanding any rule of the House of Representatives concerning the printing of conference reports in the Congressional Record or concerning any delay in the consideration of such reports, a conference report with respect to a privileged resolution, including a report filed in disagreement, shall be acted on in the House of Representatives not later than 2 session days after the House files the report provided the report has been available for 2 hours. The conference report (and any amendment reported in disagreement) shall be deemed to have been read. Debate on such a conference report shall be limited to 3 hours, equally divided between, and controlled by the Majority Leader and the Minority Leader (or their designees). (C)As used in subparagraph (B), the term session day means a day on which the House of Representatives convenes. (8)This subsection is enacted by the House of Representatives— (A)as an exercise of the rulemaking power of the House of Representatives, and as such it is deemed a part of the rules of the House, but applicable only with respect to the procedure to be followed in the House in the case of a privileged resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B)with full recognition of the constitutional right of the House to change its rules (so far as relating to the procedure of the House) at any time, in the same manner, and to the same extent as in the case of any other rule of the House. (c)

Procedures in the Senate

(1)This subsection applies to the consideration of a privileged resolution in the Senate. (2)For purposes of this subsection, the term session days means days on which the Senate is in session. (3)A privileged resolution introduced in the Senate shall be referred to the Committee on Foreign Relations. (4)(A)If the Committee on Foreign Relations has not reported a privileged resolution (or an identical resolution) at the end of 7 calendar days after the introduction of that resolution, that committee shall be discharged from further consideration of that resolution, and that resolution shall be placed on the appropriate calendar of the Senate. (B)After a committee reports or is discharged from a privileged resolution, no other resolution with respect to the same or related hostilities may be reported by or be discharged from such committee while the first resolution— (i)is before the Senate (including remaining on the calendar), (ii)is before the House of Representatives (including remaining on the calendar), unless the House has had a vote on final passage with respect to the resolution and a majority of those voting did not vote in the affirmative, (iii)is before a committee of conference or otherwise awaiting disposition of amendments between the Houses, or (iv)is awaiting transmittal to the President or is before the President. (5)(A)(i)When the committee to which a privileged resolution is referred has reported, or has been discharged under paragraph (4) from further consideration of that resolution, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of the resolution, notwithstanding any rule or precedent of the Senate, including Rule 22. Except as provided in clause (ii) of this subparagraph or subparagraph (B) of this paragraph (insofar as it relates to germaneness and relevancy of amendments), all points of order against a privileged resolution and consideration of the resolution are waived. The motion is privileged and is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall be in order, except that such motion may not be entered for future disposition. If a motion to proceed to the consideration of a privileged resolution is agreed to, the resolution shall remain the unfinished business of the Senate, to the exclusion of all other business, until disposed of, except as otherwise provided in paragraph (6)(A). (ii)Whenever a point of order is raised in the Senate against the privileged status of a resolution that has been laid before the Senate and been initially identified as privileged for consideration under this subsection upon its introduction, such point of order shall be submitted directly to the Senate. The point of order, The resolution is not privileged under the Constitutional War Powers Resolution, shall be decided by the yeas and the nays after four hours of debate, equally divided between, and controlled by, the Member raising the point of order and the manager of the resolution, except that in the event the manager is in favor of such point of order, the time in opposition thereto shall be controlled by the Minority Leader or his designee. Such point of order shall not be considered to establish precedent for determination of future cases. (B)(i)Consideration in the Senate of a privileged resolution, and all amendments and debatable motions in connection therewith, shall be limited to not more than 12 hours, which, except as otherwise provided in this subsection, shall be equally divided between, and controlled by, the Majority Leader and the Minority Leader, or by their designees. The Majority Leader or the Minority Leader or their designees may, from the time under their control on the resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal. (ii)Only amendments which are germane and relevant to a privileged resolution are in order. (iii)Debate on any amendment to a privileged resolution shall be limited to two hours, except that this limitation does not apply to an amendment in the nature of a substitute to the text of the resolution that is reported by the Committee on Foreign Relations. Debate on any amendment to an amendment shall be limited to 1 hour. (iv)The time of debate for each amendment shall be equally divided between, and controlled by, the mover of the amendment and the manager of the resolution, except that in the event the manager is in favor of any such amendment, the time in opposition thereto shall be controlled by the Minority Leader or his designee. (v)One amendment by the Minority Leader is in order to be offered under a one-hour time limitation immediately following the expiration of the 12-hour time limitation if the Minority Leader has had no opportunity prior thereto to offer an amendment to the privileged resolution. One amendment may be offered to the amendment of the Minority Leader under the preceding sentence, and debate shall be limited on such amendment to one-half hour which shall be equally divided between, and controlled by, the mover of the amendment and the manager of the resolution, except that in the event the manager is in favor of any such amendment, the time in opposition thereto shall be controlled by the Minority Leader or his designee. (vi)A motion to postpone or a motion to recommit a privileged resolution is not in order. A motion to reconsider the vote by which a privileged resolution is agreed to or disagreed to is in order, except that such motion may not be entered for future disposition, and debate on such motion shall be limited to 1 hour. (C)Whenever all the time for debate on a privileged resolution has been used or yielded back, no further amendments may be proposed, except as provided in subparagraph (B)(iii), and the vote on the adoption of the resolution shall occur without any intervening motion or amendment, except that a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate may occur immediately before such vote. (D)Appeals from the decisions of the Chair relating to the application of the Rules of the Senate to the procedure relating to a privileged resolution shall be limited to one-half hour of debate, equally divided between, and controlled by, the Member making the appeal and the manager of the resolution, except that in the event the manager is in favor of any such appeal, the time in opposition thereto shall be controlled by the Minority Leader or his designee. (6)(A)Except as provided in subparagraph (B), if, before the passage by the Senate of a privileged resolution of the Senate, the Senate receives a privileged resolution from the House of Representatives with respect to the same or related hostilities, then the following procedures shall apply: (i)The privileged resolution of the House of Representatives shall not be referred to a committee. (ii)With respect to the privileged resolution of the Senate— (I)the procedure in the Senate shall be the same as if no resolution had been received from the House of Representatives; but (II)the resolution of the House of Representatives shall be considered to have been read for the third time; the vote on final passage shall be on the resolution of the House of Representatives (if such resolutions are identical) or on the resolution of the House of Representatives (if not identical), with the text of the resolution of the Senate inserted in lieu of the text of the resolution of the House of Representatives; and such vote on final passage shall occur without debate or any intervening action. (iii)Upon disposition of a privileged resolution received from the House of Representatives, it shall no longer be in order to consider the resolution originated in the Senate. (B)If the Senate receives a privileged resolution from the House of Representatives before any privileged resolution is introduced in the Senate with respect to the same or related hostilities, then the resolution received shall be referred to the Committee on Foreign Relations, and the procedures in the Senate with respect to that resolution shall be the same under this section as if the resolution received had been introduced in the Senate. (7)If the Senate receives a privileged resolution from the House of Representatives after the Senate has disposed of an identical privileged resolution, it shall be in order to proceed by nondebatable motion to consideration of the resolution received by the Senate, and that resolution shall be disposed of without debate and without amendment. (8)(A)(i)The time for debate in the Senate on all motions required for the disposition of amendments between the Houses shall not exceed 2 hours, equally divided between, and controlled by, the mover of the motion and the manager of the resolution at each stage of the proceedings between the two Houses, except that in the event the manager is in favor of any such motion, the time in opposition thereto shall be controlled by the Minority Leader or his designee. In the case of any disagreement between the two Houses of Congress with respect to a privileged resolution which is not resolved, any Senator may make any motion or motions referred to in this clause within 2 session days after action by the second House or before the appointment of conferees, whichever comes first. (ii)In the event the conferees are unable to agree within 72 hours after the second House is notified that the first House has agreed to conference, they shall report back to their respective House in disagreement. (iii)Notwithstanding any rule in the Senate concerning the printing of conference reports in the Congressional Record or concerning any delay in the consideration of such reports, such report, including a report filed or returned in disagreement, shall be acted on in the Senate not later than 2 session days after the first House files the report or, in the case of the Senate acting first, the report is first made available on the desks of the Senators. Debate in the Senate on a conference report or a report filed or returned in disagreement on any such resolution shall be limited to 3 hours, equally divided between, and controlled by, the Majority Leader and the Minority Leader, and their designees. (B)If a privileged resolution is vetoed by the President, the time for debate in consideration of the veto message on such measure shall be limited to 20 hours in the Senate, equally divided between, and controlled by, the Majority Leader and the Minority Leader, and their designees. (9)This subsection is enacted by the Senate— (A)as an exercise of the rulemaking power of the Senate, as such it is deemed a part of the rules of the Senate but applicable only with respect to the procedure to be followed in the Senate in the case of a privileged resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B)with full recognition of the constitutional right of the Senate to change its rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.

Judicial review

(a)

Standing of Members of Congress

Any Member of Congress may bring an action in the United States District Court for the District of Columbia for declaratory judgment and injunctive relief on the ground that the President or the Armed Forces have not complied with any provision of this joint resolution. (b)

Expedited Consideration

Any court in which an action described in subsection (a) is heard shall accord such action the highest priority and shall announce its judgment as speedily as the requirements of Article III of the Constitution permit. (c)

Appeals

Any judgment in an action described in subsection (a) shall be directly appealable to the United States Supreme Court.

Rules of interpretation

(a)

Other Statutes and Treaties

Authority for the initiation of hostilities by the Armed Forces shall not be inferred— (1)from any provision of law (including any provision in effect before the date of enactment of this joint resolution), including any provision contained in any appropriation Act, unless that provision specifically authorizes the initiation of hostilities by the Armed Forces 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 that treaty is implemented by legislation specifically authorizing the initiation of hostilities by the Armed Forces and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution. (b)

Congressional Action or Inaction

The failure of the Congress to adopt a measure— (1)terminating, limiting, or prohibiting the involvement of the Armed Forces in hostilities, or (2)finding that the President or the Armed Forces are acting in violation of this joint resolution,

may not be construed as indicating congressional authorization or approval of, or acquiescence in, the involvement of the Armed Forces in any hostilities or as a finding by the Congress that such involvement is consistent with this joint resolution.

10.

Rules of construction

Nothing in this joint resolution shall be construed to alter the constitutional authority of Congress or the President or the provisions of any treaty or other international agreement to which the United States is a party as of the date of the enactment of this joint resolution. No authorization by a treaty organization or international body to which the United States is a member, or authorization under international law generally, shall substitute for a declaration of war required by paragraph (1) of section 3(a) or specific statutory authorization required by paragraph (2) of such section. No provision of law enacted before the date of the enactment of this joint resolution shall be construed to authorize the use of military force by the United States.

11.

Definitions

For purposes of this joint resolution, the following definitions apply: (1)

Armed forces

The term Armed Forces has the meaning given the term in section 101 of title 10, United States Code, and includes the National Guard. (2)

Hostilities

The term hostilities includes a situation where overt acts of warfare are taking place, such as— (A)the exchange of fire between regular or irregular military forces, or (B)the aerial or naval bombardment of military or civilian targets by regular or irregular military forces,

regardless of whether the Armed Forces are participating in the exchange of fire or the bombardment;

(3)

Initiate and initiation

The terms initiate and initiation include— (A)any commitment, engagement, or other involvement of the Armed Forces in hostilities, including the taking of self-defense measures by the Armed Forces in response to an attack or threatened attack; (B)the assigning or detailing of members of the Armed Forces to command, coordinate, participate in the movement of, accompany, or provide logistical support or training for any foreign regular or irregular military forces if those forces are involved in hostilities (regardless of whether those hostilities involve insurgent forces or the military forces of a foreign country); and (C)the assigning or detailing of members of the Armed Forces to an operation authorized by the United Nations Security Council under chapter VII of the United Nations Charter. (4)

United states; country

The terms United States and country, when used in a geographic sense, include territories and possessions.

12.

Separability clause

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.