50 U.S.C. § 1544 — Congressional action

Page 139 TITLE 50—WAR AND NATIONAL DEFENSE § 1544 uation, 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. (Pub. L. 93–148, § 4, Nov. 7, 1973, 87 Stat. 555.) § 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 in- volved in an attack or hostilities, whether in an offensive or defensive capacity, the President shall transmit to the congressional defense com- mittees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Af- fairs 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 in- volved 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 oper- ating when the incident occurred; (2) the date, location, and duration of the in- cident and the other parties involved; (3) a description of the United States Armed Forces involved in the incident and the mis- sion of such Armed Forces; (4) the numbers of any combatant casualties and civilian casualties that occurred as a re- sult of the incident; and (5) any other information the President de- termines appropriate. (Pub. L. 118–31, div. A, title XII, § 1230, Dec. 22, 2023, 137 Stat. 457.) Editorial Notes CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2024, and not as part of the War Powers Resolution which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘CONGRESSIONAL DEFENSE COMMITTEES’’ DEFINED Congressional defense committees means the Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 118–31, 137 Stat. 164. See note under section 101 of Title 10, Armed Forces. Executive Documents DELEGATION OF AUTHORITY UNDER SECTION 1230 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2024 Memorandum of President of the United States, Feb. 16, 2024, 89 F.R. 13261, provided: Memorandum for the Secretary of State[,] the Sec- retary of Defense[, and] the Attorney General By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of Defense, in consultation with the Secretary of State and, as appro- priate, the Attorney General, the authority to transmit to certain congressional committees the report re- quired by section 1230 of the National Defense Author- ization Act for Fiscal Year 2024 (Public Law 118–31) [50 U.S.C. 1543a]. The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as the provision referenced in this memorandum. The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register. J.R. BIDEN, JR. § 1544. Congressional action (a) Transmittal of report and referral to Congres- sional committees; joint request for con- vening Congress Each report submitted pursuant to section 1543(a)(1) of this title 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 Sen- ate 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 pe- titioned by at least 30 percent of the member- ship of their respective Houses) shall jointly re- quest the President to convene Congress in order that it may consider the report and take appropriate action pursuant to this section. (b) Termination of use of United States Armed Forces; exceptions; extension period Within sixty calendar days after a report is submitted or is required to be submitted pursu- ant to section 1543(a)(1) of this title, 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 de- clared war or has enacted a specific authoriza- tion 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 writ- ing that unavoidable military necessity respect- ing the safety of United States Armed Forces re- quires the continued use of such armed forces in the course of bringing about a prompt removal of such forces. (c) Concurrent resolution for removal by Presi- dent of United States Armed Forces 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 Page 140 TITLE 50—WAR AND NATIONAL DEFENSE § 1545 declaration of war or specific statutory author- ization, such forces shall be removed by the President if the Congress so directs by concur- rent resolution. (Pub. L. 93–148, § 5, Nov. 7, 1973, 87 Stat. 556.) § 1545. Congressional priority procedures for joint resolution or bill (a) Time requirement; referral to Congressional committee; single report Any joint resolution or bill introduced pursu- ant to section 1544(b) of this title at least thirty calendar days before the expiration of the sixty- day period specified in such section shall be re- ferred 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) Pending business; vote Any joint resolution or bill so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the pro- ponents and the opponents), and shall be voted on within three calendar days thereafter, unless such House shall otherwise determine by yeas and nays. (c) Referral to other House committee Such a joint resolution or bill passed by one House shall be referred to the committee of the other House named in subsection (a) and shall be reported out not later than fourteen calendar days before the expiration of the sixty-day pe- riod specified in section 1544(b) of this title. The joint resolution or bill so reported shall become the pending business of the House in question and shall be voted on within three calendar days after it has been reported, unless such House shall otherwise determine by yeas and nays. (d) Disagreement between Houses In the case of any disagreement between the two Houses of Congress with respect to a joint resolution or bill passed by both Houses, con- ferees shall be promptly appointed and the com- mittee of conference shall make and file a re- port with respect to such resolution or bill not later than four calendar days before the expira- tion of the sixty-day period specified in section 1544(b) of this title. In the event the conferees are unable to agree within 48 hours, they shall report back to their respective Houses in dis- agreement. Notwithstanding any rule in either House concerning the printing of conference re- ports in the Record or concerning any delay in the consideration of such reports, such report shall be acted on by both Houses not later than the expiration of such sixty-day period. (Pub. L. 93–148, § 6, Nov. 7, 1973, 87 Stat. 557.) § 1546. Congressional priority procedures for concurrent resolution (a) Referral to Congressional committee; single report Any concurrent resolution introduced pursu- ant to section 1544(c) of this title shall be re- ferred 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 one such concurrent resolution shall be reported out by such committee to- gether with its recommendations within fifteen calendar days, unless such House shall otherwise determine by the yeas and nays. (b) Pending business; vote Any concurrent resolution so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the pro- ponents and the opponents) and shall be voted on within three calendar days thereafter, unless such House shall otherwise determine by yeas and nays. (c) Referral to other House committee Such a concurrent resolution passed by one House shall be referred to the committee of the other House named in subsection (a) and shall be reported out by such committee together with its recommendations within fifteen calendar days and shall thereupon become the pending business of such House and shall be voted upon within three calendar days, unless such House shall otherwise determine by yeas and nays. (d) Disagreement between Houses In the case of any disagreement between the two Houses of Congress with respect to a concur- rent resolution passed by both Houses, conferees shall be promptly appointed and the committee of conference shall make and file a report with respect to such concurrent resolution within six calendar days after the legislation is referred to the committee of conference. Notwithstanding any rule in either House concerning the printing of conference reports in the Record or con- cerning any delay in the consideration of such reports, such report shall be acted on by both Houses not later than six calendar days after the conference report is filed. In the event the con- ferees are unable to agree within 48 hours, they shall report back to their respective Houses in disagreement. (Pub. L. 93–148, § 7, Nov. 7, 1973, 87 Stat. 557.) § 1546a. Expedited procedures for certain joint resolutions and bills Any joint resolution or bill introduced in ei- ther House which requires the removal of United States Armed Forces engaged in hostilities out- side the territory of the United States, its pos- sessions 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 As- sistance 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