1. U.S. Code
  2. title 50
  3. chapter 33
  4. § 1541

Collapse to view only § 1541. Purpose and policy

§ 1541. Purpose and policy
(a) Congressional declaration
(b) Congressional legislative power under necessary and proper clause
(c) Presidential executive power as Commander-in-Chief; limitation
(Pub. L. 93–148, § 2, Nov. 7, 1973, 87 Stat. 555.)

CITE AS: 50 USC 1541

§ 1542. Consultation; initial and regular consultations

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.

(Pub. L. 93–148, § 3, Nov. 7, 1973, 87 Stat. 555.)

CITE AS: 50 USC 1542

§ 1543. Reporting requirement
(a) Written report; time of submission; circumstances necessitating submission; information reported
In the absence of a declaration of war, in any case in which United States Armed Forces are introduced—
(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, 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 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) Other information reported
(c) Periodic reports; semiannual requirement
(Pub. L. 93–148, § 4, Nov. 7, 1973, 87 Stat. 555.)

CITE AS: 50 USC 1543

§ 1543a. Report on hostilities involving United States Armed Forces
(a) In general
Not later than 48 hours after any incident in which the United States Armed Forces are involved in an attack or hostilities, whether in an offensive or defensive capacity, the President shall transmit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the incident, unless the President—
(1) otherwise reports the incident within 48 hours pursuant to section 1543 of this title; or
(2) has determined prior to the incident, and so reported pursuant to section 1549 of this title, that the United States Armed Forces involved in the incident would be operating under specific statutory authorization within the meaning of section 1544(b) of this title.
(b) Matters to be included
Each report required by subsection (a) shall include—
(1) the authority or authorities under which the United States Armed Forces were operating when the incident occurred;
(2) the date, location, and duration of the incident and the other parties involved;
(3) a description of the United States Armed Forces involved in the incident and the mission of such Armed Forces;
(4) the numbers of any combatant casualties and civilian casualties that occurred as a result of the incident; and
(5) any other information the President determines appropriate.
(Pub. L. 118–31, div. A, title XII, § 1230, Dec. 22, 2023, 137 Stat. 457.)

CITE AS: 50 USC 1543a

§ 1544. Congressional action
(a) Transmittal of report and referral to Congressional committees; joint request for convening Congress
(b) Termination of use of United States Armed Forces; exceptions; extension period
(c) Concurrent resolution for removal by President of United States Armed Forces
(Pub. L. 93–148, § 5, Nov. 7, 1973, 87 Stat. 556.)

CITE AS: 50 USC 1544

§ 1545. Congressional priority procedures for joint resolution or bill
(a) Time requirement; referral to Congressional committee; single report
(b) Pending business; vote
(c) Referral to other House committee
(d) Disagreement between Houses
(Pub. L. 93–148, § 6, Nov. 7, 1973, 87 Stat. 557.)

CITE AS: 50 USC 1545

§ 1546. Congressional priority procedures for concurrent resolution
(a) Referral to Congressional committee; single report
(b) Pending business; vote
(c) Referral to other House committee
(d) Disagreement between Houses
(Pub. L. 93–148, § 7, Nov. 7, 1973, 87 Stat. 557.)

CITE AS: 50 USC 1546

§ 1546a. Expedited procedures for certain joint resolutions and bills

Any joint resolution or bill introduced in either House which requires the removal of United States Armed Forces engaged in hostilities outside the territory of the United States, its possessions and territories, without a declaration of war or specific statutory authorization shall be considered in accordance with the procedures of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, except that any such resolution or bill shall be amendable. If such a joint resolution or bill should be vetoed by the President, the time for debate in consideration of the veto message on such measure shall be limited to twenty hours in the Senate and in the House shall be determined in accordance with the Rules of the House.

(Pub. L. 98–164, title X, § 1013, Nov. 22, 1983, 97 Stat. 1062.)

CITE AS: 50 USC 1546a

§ 1547. Interpretation of joint resolution
(a) Inferences from any law or treaty
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 November 7, 1973), including any provision contained in any appropriation Act, unless such provision 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 chapter; 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 chapter.
(b) Joint headquarters operations of high-level military commands
(c) Introduction of United States Armed Forces
(d) Constitutional authorities or existing treaties unaffected; construction against grant of Presidential authority respecting use of United States Armed Forces
Nothing in this chapter—
(1) is intended to alter the constitutional authority of the Congress 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 chapter.
(Pub. L. 93–148, § 8, Nov. 7, 1973, 87 Stat. 558.)

CITE AS: 50 USC 1547

§ 1548. Separability

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to any other person or circumstance shall not be affected thereby.

(Pub. L. 93–148, § 9, Nov. 7, 1973, 87 Stat. 559.)

CITE AS: 50 USC 1548

§ 1549. Report on and notice of changes made to the legal and policy frameworks for the United States’ use of military force and related national security operations
(a) Annual report
(1) In general
(2) Matters to be includedThe report required by paragraph (1) shall include the legal, factual, and policy justifications for any changes made to such legal and policy frameworks from the preceding year, including—
(A) a list of all foreign forces, irregular forces, groups, or individuals for which a determination has been made that force could legally be used under the Authorization for Use of Military Force (Public Law 107–40), including—
(i) the legal and factual basis for such determination; and
(ii) a description of whether force has been used against each such foreign force, irregular force, group, or individual; and
(B) the criteria and any changes to the criteria for designating a foreign force, irregular force, group, or individual as lawfully targetable, as a high value target, and as formally or functionally a member of a group covered under the Authorization for Use of Military Force.
(b) Notice required
(c) Form
(d) Appropriate congressional committees definedIn this section, the term “appropriate congressional committees” means—
(1) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
(Pub. L. 115–91, div. A, title XII, § 1264, Dec. 12, 2017, 131 Stat. 1689; Pub. L. 116–92, div. A, title XII, § 1261, Dec. 20, 2019, 133 Stat. 1689.)

CITE AS: 50 USC 1549

§ 1550. Reports and briefings on use of military force and support of partner forces
(a) In general
(b) Matters to be includedThe report required by subsection (a) shall include, with respect to the time period for which the report was submitted, the following:
(1) A list of each country or organization with respect to which force has been used pursuant to the Authorization for Use of Military Force, including the legal and factual basis for the determination that authority under such law applies with respect to each such country or organization.
(2) An intelligence assessment of the risk to the United States posed by each such country or organization.
(3) A list of each country in which operations were conducted pursuant to such law and a description of the circumstances necessitating the use of force pursuant to such law, including whether the country is designated as an area of active hostilities.
(4) A general description of the status of operations conducted pursuant to such law as well as a description of the expected scope and duration of such operations.
(5) A list of each partner force and country with respect to which United States Armed Forces have commanded, coordinated, participated in the movement of, or accompanied the regular or irregular forces of any foreign country or government that have engaged in hostilities or there existed an imminent threat that such forces would become engaged in hostilities, including—
(A) a delineation of any such instances in which such United States Armed Forces were or were not operating under the Authorization for Use of Military Force; and
(B) a determination of whether the foreign forces, irregular forces, groups, or individuals against which such hostilities occurred are covered by such law.
(6) A description of the actual and proposed contributions, including financing, equipment, training, troops, and logistical support, provided by each foreign country that participates in any international coalition with the United States to combat a country or organization described in the Authorization for Use of Military Force.
(c) Form
(d) Other reportsIf United States Armed Forces are introduced into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, against any country, organization, or person pursuant to statutory or constitutional authorities other than Authorization for Use of Military Force, the President shall comply with the reporting requirements under—
(1) this section to the same extent and in the same manner as if such actions had been taken under Authorization for Use of Military Force;
(2) the War Powers Resolution (50 U.S.C. 1541 et seq.); and
(3) any other applicable provision of law.
(e) Briefings
(Pub. L. 116–92, div. A, title XII, § 1285, Dec. 20, 2019, 133 Stat. 1709.)

CITE AS: 50 USC 1550