§ 1541. Purpose and policy
(a) Congressional declaration
It is the purpose of this chapter 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
Page 131
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1541
clearly indicated by the circumstances, and to
the continued use of such forces in hostilities or
in such situations.
(b) Congressional legislative power under nec-
essary and proper clause
Under article I, section 8, of the Constitution,
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 the Constitution in the Government of the
United States, or in any department or officer
thereof.
(c) Presidential executive power as Commander-
in-Chief; limitation
The constitutional powers of the President as
Commander-in-Chief to introduce United States
Armed Forces into hostilities, or into situations
where imminent involvement in hostilities is
clearly indicated by the circumstances, are exer-
cised only pursuant to (1) a declaration of war,
(2) specific statutory authorization, or (3) a na-
tional emergency created by attack upon the
United States, its territories or possessions, or
its armed forces.
(Pub. L. 93–148, § 2, Nov. 7, 1973, 87 Stat. 555.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 93–148, § 10, Nov. 7, 1973, 87 Stat. 559, provided
that: ‘‘This joint resolution [enacting this chapter]
shall take effect on the date of its enactment [Nov. 7,
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Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_7adf1afe7a6d6baa112ecb3f Source file: Laws/federal/codes/united-states-code-2024/title-50/section-1541-purpose-and-policy--7ff2363832.md Pages: Not recorded – Not recorded Passage SHA-256: e38d4ef6f378ecbd09ab77d6124df80837ad8a17ec490e81ccd3cd7ec7494513 Retained source evidence SHA-256: 819978c922c7326de89c27f00b6eec8b3b3d0feb6f7461cd0038bba7ba3c05c9
Page 130
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1528
‘‘(a) IN GENERAL.—The Secretary of Defense shall no-
tify the congressional defense committees [Committees
on Armed Services and Appropriations of the Senate
and the House of Representatives] within 7 days after
ceasing operations at any Department of Defense lab-
oratory or facility rated at biosafety level–3 or higher
for safety or security reasons.
‘‘(b) CONTENT.—The notification required under sub-
section (a) shall include—
‘‘(1) the reason why operations have ceased at the
laboratory or facility;
‘‘(2) whether appropriate notification to other Fed-
eral agencies has occurred;
‘‘(3) a description of the actions taken to determine
the root cause of the cessation; and
‘‘(4) a description of the actions taken to restore
operations at the laboratory or facility.’’
‘‘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. 114–328, 130 Stat. 2025. See note under section
101 of Title 10, Armed Forces.
§ 1528. Congressional notification of biological
select agent and toxin theft, loss, or release
involving the Department of Defense
(a) Notification
(1) Subject to paragraph (2), not later than 45
days after a covered report of any theft, loss, or
release of a biological select agent or toxin in-
volving the Department of Defense is filed with
the Centers for Disease Control and Prevention
or the Animal and Plant Health Inspection Serv-
ice, the Secretary of Defense, acting through the
Assistant Secretary of Defense for Nuclear De-
terrence, Chemical, and Biological Defense Pol-
icy and Programs, shall provide to the congres-
sional defense committees notice of such theft,
loss, or release.
(2) The Secretary shall provide to the con-
gressional defense committees notice of a re-
lease under paragraph (1) only if the Sec-
retary, acting through the Assistant Sec-
retary, determines that the release is outside
the barriers of secondary containment into
the ambient air or environment or is causing
occupational exposure that presents a threat
to public safety.
(3) In this subsection, the term ‘‘covered re-
port’’ means a report filed under any of the
following (or any successor regulations):
(A) Section 331.19 of title 7, Code of Fed-
eral Regulations.
(B) Section 121.19 of title 9, Code of Federal
Regulations.
(C) Section 73.19 of title 42, Code of Federal
Regulations.
(b) Elements
Notice of a theft, loss, or release of a biologi-
cal select agent or toxin under subsection (a)
shall include each of the following:
(1) The name of the agent or toxin and any
identifying information, including the strain
or other relevant characterization informa-
tion.
(2) An estimate of the quantity of the agent
or toxin stolen, lost, or released.
(3) The location or facility from which the
theft, loss, or release occurred.
(4) In the case of a release, any hazards posed
by the release and the number of individuals
potentially exposed to the agent or toxin.
(5) Actions taken to respond to the theft,
loss, or release.
(Pub. L. 114–328, div. A, title X, § 1067, Dec. 23,
2016, 130 Stat. 2411; Pub. L. 118–31, div. A, title X,
§ 1061(f), Dec. 22, 2023, 137 Stat. 399; Pub. L.
118–159, div. A, title XVI, § 1621(d)(5), Dec. 23,
2024, 138 Stat. 2171.)
Editorial Notes
CODIFICATION
Section was enacted as part of the National Defense
Authorization Act for Fiscal Year 2017, and not as part
of Pub. L. 91–121, title IV, § 409, Nov. 19, 1969, 83 Stat.
209, which comprises this chapter.
AMENDMENTS
2024—Subsec. (a)(1). Pub. L. 118–159 substituted ‘‘Nu-
clear Deterrence, Chemical, and Biological Defense Pol-
icy and Programs’’ for ‘‘Nuclear, Chemical, and Bio-
logical Defense Programs’’.
2023—Subsec. (a). Pub. L. 118–31 amended subsec. (a)
generally. Prior to amendment, text read as follows:
‘‘Not later than 15 days after notice of any theft, loss,
or release of a biological select agent or toxin involving
the Department of Defense is provided to the Centers
for Disease Control and Prevention or the Animal and
Plant Health Inspection Service, as specified by section
331.19 of part 7 of the Code of Federal Regulations, the
Secretary of Defense shall provide to the congressional
defense committees notice of such theft, loss, or re-
lease.’’
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. 114–328, 130 Stat. 2025. See note under section
101 of Title 10, Armed Forces.
CHAPTER 33—WAR POWERS RESOLUTION
Sec.
1541.
Purpose and policy.
1542.
Consultation; initial and regular consulta-
tions.
1543.
Reporting requirement.
1543a.
Report on hostilities involving United States
Armed Forces.
1544.
Congressional action.
1545.
Congressional priority procedures for joint
resolution or bill.
1546.
Congressional priority procedures for concur-
rent resolution.
1546a.
Expedited procedures for certain joint resolu-
tions and bills.
1547.
Interpretation of joint resolution.
1548.
Separability.
1549.
Report on and notice of changes made to the
legal and policy frameworks for the United
States’ use of military force and related na-
tional security operations.
1550.
Reports and briefings on use of military force
and support of partner forces.
§ 1541. Purpose and policy
(a) Congressional declaration
It is the purpose of this chapter 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
Page 131
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1541
clearly indicated by the circumstances, and to
the continued use of such forces in hostilities or
in such situations.
(b) Congressional legislative power under nec-
essary and proper clause
Under article I, section 8, of the Constitution,
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 the Constitution in the Government of the
United States, or in any department or officer
thereof.
(c) Presidential executive power as Commander-
in-Chief; limitation
The constitutional powers of the President as
Commander-in-Chief to introduce United States
Armed Forces into hostilities, or into situations
where imminent involvement in hostilities is
clearly indicated by the circumstances, are exer-
cised only pursuant to (1) a declaration of war,
(2) specific statutory authorization, or (3) a na-
tional emergency created by attack upon the
United States, its territories or possessions, or
its armed forces.
(Pub. L. 93–148, § 2, Nov. 7, 1973, 87 Stat. 555.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 93–148, § 10, Nov. 7, 1973, 87 Stat. 559, provided
that: ‘‘This joint resolution [enacting this chapter]
shall take effect on the date of its enactment [Nov. 7,
1973].’’
SHORT TITLE
Pub. L. 93–148, § 1, Nov. 7, 1973, 87 Stat. 555, provided
that: ‘‘This joint resolution [enacting this chapter]
may be cited as the ‘War Powers Resolution’.’’
RULE
OF
CONSTRUCTION
ON
THE
PERMANENT
STA-
TIONING OF UNITED STATES ARMED FORCES IN SOMA-
LIA
Pub. L. 116–92, div. A, title XII, § 1271, Dec. 20, 2019, 133
Stat. 1698, provided that: ‘‘Nothing in this Act [see Ta-
bles for classification] may be construed to authorize
the permanent stationing of members of the Armed
Forces in Somalia.’’
REPORT ON RESPONSIBLE REDEPLOYMENT OF UNITED
STATES ARMED FORCES FROM IRAQ
Pub. L. 111–84, div. A, title XII, § 1227, Oct. 28, 2009, 123
Stat. 2525, as amended by Pub. L. 111–383, div. A, title
XII, § 1233(a)–(e), Jan. 7, 2011, 124 Stat. 4396, 4397, pro-
vided that:
‘‘(a) REPORT REQUIRED.—Not later than 90 days after
the date of the enactment of this Act [Oct. 28, 2009], or
December 31, 2010, whichever occurs later, and every 180
days thereafter, the Secretary of Defense shall submit
to the appropriate congressional committees a report
concerning the responsible redeployment of United
States Armed Forces from Iraq in accordance with the
policy announced by the President on February 27, 2009,
and the Agreement Between the United States of Amer-
ica and the Republic of Iraq On the Withdrawal of
United States Forces From Iraq and the Organization
of Their Activities During Their Temporary Presence
in Iraq.
‘‘(b) ELEMENTS.—The report required under sub-
section (a) shall include the following elements:
‘‘(1) The number of United States military per-
sonnel in Iraq by service and component for each
month of the preceding 90-day period and an estimate
of the personnel levels in Iraq for the 90-day period
following submission of the report.
‘‘(2) The number and type of military installations
in Iraq occupied by 100 or more United States mili-
tary personnel and the number of such military in-
stallations closed, consolidated, or transferred to the
Government of Iraq in the preceding 90-day period.
‘‘(3) An estimate of the number of military vehicles,
containers of equipment, tons of ammunition, or
other significant items belonging to the Department
of Defense removed from Iraq during the preceding
90-day period, an estimate of the remaining amount
of such items belonging to the Department of De-
fense, and an assessment of the likelihood of success-
fully removing, demilitarizing, or otherwise transfer-
ring all items belonging to the Department of De-
fense from Iraq on or before December 31, 2011.
‘‘(4) An assessment of United States detainee oper-
ations and releases. Such assessment should include
the total number of detainees held by the United
States in Iraq, the number of detainees in each threat
level category, the number of detainees who are not
nationals of Iraq, the number of detainees transferred
to Iraqi authorities, the number of detainees who
were released from United States custody and the
reasons for their release, and the number of detainees
who having been released in the past were recaptured
or had their remains identified planning or after car-
rying out attacks on United States or Coalition
forces.
‘‘(5) A listing of the objective and subjective factors
utilized
by
the
commander
of
United
States
Forces–Iraq, including any changes to that list in the
case of an update to the report, to determine risk lev-
els associated with the drawdown of United States
Armed Forces, and the process and timing that will
be utilized by the commander of United States
Forces–Iraq and the Secretary of Defense to assess
risk and make recommendations to the President
about either continuing the redeployment of United
States Armed Forces from Iraq in accordance with
the schedule announced by the President or modi-
fying the pace or timing of that redeployment.
‘‘(6) An assessment of progress to transfer responsi-
bility of programs, projects, and activities carried
out in Iraq by the Department of Defense to other
United States Government departments and agencies,
international or nongovernmental entities, or the
Government of Iraq. The assessment should include a
description of the numbers and categories of pro-
grams, projects, and activities for which such other
entities have taken responsibility or which have been
discontinued by the Department of Defense. The as-
sessment should also include a discussion of any dif-
ficulties or barriers in transitioning such programs,
projects, and activities and what, if any, solutions
have been developed to address such difficulties or
barriers.
‘‘(7) An assessment of progress toward the goal of
building the minimum essential capabilities of the
Ministry of Defense and the Ministry of the Interior
of Iraq, including a description of—
‘‘(A) such capabilities both extant and remaining
to be developed;
‘‘(B) major equipment necessary to achieve such
capabilities;
‘‘(C) the level and type of support provided by the
United States to address shortfalls in such capabili-
ties; and
‘‘(D) the level of commitment, both financial and
political, made by the Government of Iraq to de-
velop such capabilities, including a discussion of re-
sources used by the Government of Iraq to develop
capabilities that the Secretary determines are not
minimum essential capabilities for purposes of this
paragraph.
‘‘(8) A listing and assessment of the anticipated
level and type of support to be provided by United
States special operations forces to the Government of
Iraq and Iraqi special operations forces during the re-
Page 132
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1541
deployment of United States conventional forces
from Iraq. The assessment should include a listing of
anticipated critical support from general purpose
forces required by United States special operations
forces and Iraqi special operations forces. The assess-
ment should also include combat support, including
rotary aircraft and intelligence, surveillance, and re-
connaissance assets, combat service support, and con-
tractor support needed through December 31, 2011.
‘‘(c) SECRETARY OF STATE COMMENTS.—Prior to sub-
mitting the report required under subsection (a), the
Secretary of Defense shall provide a copy of the report
to the Secretary of State for review. At the request of
the Secretary of State, the Secretary of Defense shall
include an appendix to the report which contains any
comments or additional information that the Secretary
of State requests.
‘‘(d) FORM.—The report required under subsection (a)
may include a classified annex.
‘‘(e) APPROPRIATE
CONGRESSIONAL
COMMITTEES.—In
this section, the term ‘appropriate congressional com-
mittees’ means—
‘‘(1) the Committee on Armed Services, the Com-
mittee on Foreign Relations, the Select Committee
on Intelligence, and the Committee on Appropria-
tions of the Senate; and
‘‘(2) the Committee on Armed Services, the Com-
mittee on Foreign Affairs, the Permanent Select
Committee on Intelligence, and the Committee on
Appropriations of the House of Representatives.
‘‘(f) TERMINATION.—The requirement to submit the re-
port required under subsection (a) shall terminate on
September 30, 2012.’’
UNITED STATES POLICY ON IRAQ
Pub. L. 109–163, div. A, title XII, § 1227, Jan. 6, 2006, 119
Stat. 3465, as amended by Pub. L. 110–181, div. A, title
XII, § 1223(a)(1), (b), Jan. 28, 2008, 122 Stat. 373, 374,
known as the ‘‘United States Policy in Iraq Act’’,
which required the President to submit reports to Con-
gress on United States policy and military operations
in Iraq not later than 90 days after Jan. 6, 2006, and
every three months thereafter, until all United States
combat brigades had been redeployed from Iraq, and re-
quired congressional briefings by senior officials of the
Department of Defense subsequent to the submission of
each such report, was repealed by Pub. L. 111–383, div.
A, title XII, § 1233(f)(1), Jan. 7, 2011, 124 Stat. 4397.
AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST
IRAQ RESOLUTION OF 2002
Pub. L. 107–243, Oct. 16, 2002, 116 Stat. 1498, provided
that:
‘‘Whereas in 1990 in response to Iraq’s war of aggression
against and illegal occupation of Kuwait, the United
States forged a coalition of nations to liberate Ku-
wait and its people in order to defend the national se-
curity of the United States and enforce United Na-
tions Security Council resolutions relating to Iraq;
‘‘Whereas after the liberation of Kuwait in 1991, Iraq
entered into a United Nations sponsored cease-fire
agreement pursuant to which Iraq unequivocally
agreed, among other things, to eliminate its nuclear,
biological, and chemical weapons programs and the
means to deliver and develop them, and to end its
support for international terrorism;
‘‘Whereas the efforts of international weapons inspec-
tors, United States intelligence agencies, and Iraqi
defectors led to the discovery that Iraq had large
stockpiles of chemical weapons and a large scale bio-
logical weapons program, and that Iraq had an ad-
vanced nuclear weapons development program that
was much closer to producing a nuclear weapon than
intelligence reporting had previously indicated;
‘‘Whereas Iraq, in direct and flagrant violation of the
cease-fire, attempted to thwart the efforts of weapons
inspectors to identify and destroy Iraq’s weapons of
mass destruction stockpiles and development capa-
bilities, which finally resulted in the withdrawal of
inspectors from Iraq on October 31, 1998;
‘‘Whereas in Public Law 105–235 (August 14, 1998) [112
Stat. 1538], Congress concluded that Iraq’s continuing
weapons of mass destruction programs threatened
vital United States interests and international peace
and security, declared Iraq to be in ‘material and un-
acceptable breach of its international obligations’
and urged the President ‘to take appropriate action,
in accordance with the Constitution and relevant
laws of the United States, to bring Iraq into compli-
ance with its international obligations’;
‘‘Whereas Iraq both poses a continuing threat to the
national security of the United States and inter-
national peace and security in the Persian Gulf re-
gion and remains in material and unacceptable
breach of its international obligations by, among
other things, continuing to possess and develop a sig-
nificant chemical and biological weapons capability,
actively seeking a nuclear weapons capability, and
supporting and harboring terrorist organizations;
‘‘Whereas Iraq persists in violating resolution [sic] of
the United Nations Security Council by continuing to
engage in brutal repression of its civilian population
thereby threatening international peace and security
in the region, by refusing to release, repatriate, or ac-
count for non-Iraqi citizens wrongfully detained by
Iraq, including an American serviceman, and by fail-
ing to return property wrongfully seized by Iraq from
Kuwait;
‘‘Whereas the current Iraqi regime has demonstrated
its capability and willingness to use weapons of mass
destruction against other nations and its own people;
‘‘Whereas the current Iraqi regime has demonstrated
its continuing hostility toward, and willingness to at-
tack, the United States, including by attempting in
1993 to assassinate former President Bush and by fir-
ing on many thousands of occasions on United States
and Coalition Armed Forces engaged in enforcing the
resolutions of the United Nations Security Council;
‘‘Whereas members of al Qaida, an organization bearing
responsibility for attacks on the United States, its
citizens, and interests, including the attacks that oc-
curred on September 11, 2001, are known to be in Iraq;
‘‘Whereas Iraq continues to aid and harbor other inter-
national terrorist organizations, including organiza-
tions that threaten the lives and safety of United
States citizens;
‘‘Whereas the attacks on the United States of Sep-
tember 11, 2001, underscored the gravity of the threat
posed by the acquisition of weapons of mass destruc-
tion by international terrorist organizations;
‘‘Whereas Iraq’s demonstrated capability and willing-
ness to use weapons of mass destruction, the risk
that the current Iraqi regime will either employ
those weapons to launch a surprise attack against
the United States or its Armed Forces or provide
them to international terrorists who would do so, and
the extreme magnitude of harm that would result to
the United States and its citizens from such an at-
tack, combine to justify action by the United States
to defend itself;
‘‘Whereas United Nations Security Council Resolution
678 (1990) authorizes the use of all necessary means to
enforce United Nations Security Council Resolution
660 (1990) and subsequent relevant resolutions and to
compel Iraq to cease certain activities that threaten
international peace and security, including the devel-
opment of weapons of mass destruction and refusal or
obstruction of United Nations weapons inspections in
violation of United Nations Security Council Resolu-
tion 687 (1991), repression of its civilian population in
violation of United Nations Security Council Resolu-
tion 688 (1991), and threatening its neighbors or
United Nations operations in Iraq in violation of
United Nations Security Council Resolution 949
(1994);
‘‘Whereas in the Authorization for Use of Military
Force Against Iraq Resolution (Public Law 102–1) [set
out as a note below], Congress has authorized the
President ‘to use United States Armed Forces pursu-
ant to United Nations Security Council Resolution
Page 133
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1541
678 (1990) in order to achieve implementation of Secu-
rity Council Resolution 660, 661, 662, 664, 665, 666, 667,
669, 670, 674, and 677’;
‘‘Whereas in December 1991, Congress expressed its
sense that it ‘supports the use of all necessary means
to achieve the goals of United Nations Security Coun-
cil Resolution 687 as being consistent with the Au-
thorization of Use of Military Force Against Iraq
Resolution (Public Law 102–1),’ that Iraq’s repression
of its civilian population violates United Nations Se-
curity Council Resolution 688 and ‘constitutes a con-
tinuing threat to the peace, security, and stability of
the Persian Gulf region,’ and that Congress, ‘supports
the use of all necessary means to achieve the goals of
United Nations Security Council Resolution 688’;
‘‘Whereas the Iraq Liberation Act of 1998 (Public Law
105–338) [former 22 U.S.C. 2151 note] expressed the
sense of Congress that it should be the policy of the
United States to support efforts to remove from
power the current Iraqi regime and promote the
emergence of a democratic government to replace
that regime;
‘‘Whereas on September 12, 2002, President Bush com-
mitted the United States to ‘work with the United
Nations Security Council to meet our common chal-
lenge’ posed by Iraq and to ‘work for the necessary
resolutions,’ while also making clear that ‘the Secu-
rity Council resolutions will be enforced, and the just
demands of peace and security will be met, or action
will be unavoidable’;
‘‘Whereas the United States is determined to prosecute
the war on terrorism and Iraq’s ongoing support for
international terrorist groups combined with its de-
velopment of weapons of mass destruction in direct
violation of its obligations under the 1991 cease-fire
and other United Nations Security Council resolu-
tions make clear that it is in the national security
interests of the United States and in furtherance of
the war on terrorism that all relevant United Nations
Security Council resolutions be enforced, including
through the use of force if necessary;
‘‘Whereas Congress has taken steps to pursue vigor-
ously the war on terrorism through the provision of
authorities and funding requested by the President to
take the necessary actions against international ter-
rorists and terrorist organizations, including those
nations, organizations, or persons who planned, au-
thorized, committed, or aided the terrorist attacks
that occurred on September 11, 2001, or harbored such
persons or organizations;
‘‘Whereas the President and Congress are determined to
continue to take all appropriate actions against
international terrorists and terrorist organizations,
including those nations, organizations, or persons
who planned, authorized, committed, or aided the ter-
rorist attacks that occurred on September 11, 2001, or
harbored such persons or organizations;
‘‘Whereas the President has authority under the Con-
stitution to take action in order to deter and prevent
acts of international terrorism against the United
States, as Congress recognized in the joint resolution
on Authorization for Use of Military Force (Public
Law 107–40) [set out as a note below]; and
‘‘Whereas it is in the national security interests of the
United States to restore international peace and se-
curity to the Persian Gulf region: Now, therefore, be
it
Resolved by the Senate and House of Representatives of
the United States of America in Congress assembled,
‘‘SECTION 1. SHORT TITLE.
‘‘This joint resolution may be cited as the ‘Author-
ization for Use of Military Force Against Iraq Resolu-
tion of 2002’.
‘‘SEC. 2. SUPPORT FOR UNITED STATES DIPLO-
MATIC EFFORTS.
‘‘The Congress of the United States supports the ef-
forts by the President to—
‘‘(1) strictly enforce through the United Nations Se-
curity Council all relevant Security Council resolu-
tions regarding Iraq and encourages him in those ef-
forts; and
‘‘(2) obtain prompt and decisive action by the Secu-
rity Council to ensure that Iraq abandons its strategy
of delay, evasion and noncompliance and promptly
and strictly complies with all relevant Security
Council resolutions regarding Iraq.
‘‘SEC. 3. AUTHORIZATION FOR USE OF UNITED
STATES ARMED FORCES.
‘‘(a) AUTHORIZATION.—The President is authorized to
use the Armed Forces of the United States as he deter-
mines to be necessary and appropriate in order to—
‘‘(1) defend the national security of the United
States against the continuing threat posed by Iraq;
and
‘‘(2) enforce all relevant United Nations Security
Council resolutions regarding Iraq.
‘‘(b) PRESIDENTIAL
DETERMINATION.—In connection
with the exercise of the authority granted in sub-
section (a) to use force the President shall, prior to
such exercise or as soon thereafter as may be feasible,
but no later than 48 hours after exercising such author-
ity, make available to the Speaker of the House of Rep-
resentatives and the President pro tempore of the Sen-
ate his determination that—
‘‘(1) reliance by the United States on further diplo-
matic or other peaceful means alone either (A) will
not adequately protect the national security of the
United States against the continuing threat posed by
Iraq or (B) is not likely to lead to enforcement of all
relevant United Nations Security Council resolutions
regarding Iraq; and
‘‘(2) acting pursuant to this joint resolution is con-
sistent with the United States and other countries
continuing to take the necessary actions against
international terrorist and terrorist organizations,
including those nations, organizations, or persons
who planned, authorized, committed or aided the ter-
rorist attacks that occurred on September 11, 2001.
‘‘(c) WAR POWERS RESOLUTION REQUIREMENTS.—
‘‘(1)
SPECIFIC
STATUTORY
AUTHORIZATION.—Con-
sistent with section 8(a)(1) of the War Powers Resolu-
tion [50 U.S.C. 1547(a)(1)], the Congress declares that
this section is intended to constitute specific statu-
tory authorization within the meaning of section 5(b)
of the War Powers Resolution [50 U.S.C. 1544(b)].
‘‘(2) APPLICABILITY OF OTHER REQUIREMENTS.—Noth-
ing in this joint resolution supersedes any require-
ment of the War Powers Resolution [50 U.S.C. 1541 et
seq.].
‘‘SEC. 4. REPORTS TO CONGRESS.
‘‘(a) REPORTS.—The President shall, at least once
every 60 days, submit to the Congress a report on mat-
ters relevant to this joint resolution, including actions
taken pursuant to the exercise of authority granted in
section 3 and the status of planning for efforts that are
expected to be required after such actions are com-
pleted, including those actions described in section 7 of
the Iraq Liberation Act of 1998 (Public Law 105–338)
[former 22 U.S.C. 2151 note].
‘‘(b) SINGLE CONSOLIDATED REPORT.—To the extent
that the submission of any report described in sub-
section (a) coincides with the submission of any other
report on matters relevant to this joint resolution oth-
erwise required to be submitted to Congress pursuant
to the reporting requirements of the War Powers Reso-
lution (Public Law 93–148) [50 U.S.C. 1541 et seq.], all
such reports may be submitted as a single consolidated
report to the Congress.
‘‘(c) RULE OF CONSTRUCTION.—To the extent that the
information required by section 3 of the Authorization
for Use of Military Force Against Iraq Resolution (Pub-
lic Law 102–1) [set out in a note below] is included in
the report required by this section, such report shall be
considered as meeting the requirements of section 3 of
such resolution.’’
AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST
SEPTEMBER 11 TERRORISTS
Pub. L. 107–40, Sept. 18, 2001, 115 Stat. 224, provided
that:
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‘‘Whereas, on September 11, 2001, acts of treacherous vi-
olence were committed against the United States and
its citizens; and
‘‘Whereas, such acts render it both necessary and ap-
propriate that the United States exercise its rights to
self-defense and to protect United States citizens
both at home and abroad; and
‘‘Whereas, in light of the threat to the national secu-
rity and foreign policy of the United States posed by
these grave acts of violence; and
‘‘Whereas, such acts continue to pose an unusual and
extraordinary threat to the national security and for-
eign policy of the United States; and
‘‘Whereas, the President has authority under the Con-
stitution to take action to deter and prevent acts of
international terrorism against the United States:
Now, therefore, be it
‘‘Resolved by the Senate and House of Representatives of
the United States of America in Congress assembled,
‘‘SECTION 1. SHORT TITLE.
‘‘This joint resolution may be cited as the ‘Author-
ization for Use of Military Force’.
‘‘SEC. 2. AUTHORIZATION FOR USE OF UNITED
STATES ARMED FORCES.
‘‘(a) IN GENERAL.—That the President is authorized to
use all necessary and appropriate force against those
nations, organizations, or persons he determines
planned, authorized, committed, or aided the terrorist
attacks that occurred on September 11, 2001, or har-
bored such organizations or persons, in order to prevent
any future acts of international terrorism against the
United States by such nations, organizations or per-
sons.
‘‘(b) WAR POWERS RESOLUTION REQUIREMENTS.—
‘‘(1)
SPECIFIC
STATUTORY
AUTHORIZATION.—Con-
sistent with section 8(a)(1) of the War Powers Resolu-
tion [50 U.S.C. 1547(a)(1)], the Congress declares that
this section is intended to constitute specific statu-
tory authorization within the meaning of section 5(b)
of the War Powers Resolution [50 U.S.C. 1544(b)].
‘‘(2) APPLICABILITY OF OTHER REQUIREMENTS.—Noth-
ing in this resolution supercedes any requirement of
the War Powers Resolution [50 U.S.C. 1541 et seq.].’’
LIMITATION
ON
DEPLOYMENT
OF
ARMED
FORCES
IN
HAITI DURING FISCAL YEAR 2000 AND CONGRESSIONAL
NOTICE OF DEPLOYMENTS TO HAITI
Pub. L. 106–65, div. A, title XII, § 1232, Oct. 5, 1999, 113
Stat. 788, as amended by Pub. L. 107–107, div. A, title
XII, § 1222, Dec. 28, 2001, 115 Stat. 1253, provided that:
‘‘(a) LIMITATION ON DEPLOYMENT.—No funds available
to the Department of Defense during fiscal year 2000
may be expended after May 31, 2000, for the continuous
deployment of United States Armed Forces in Haiti
pursuant to the Department of Defense operation des-
ignated as Operation Uphold Democracy.
‘‘[(b) Repealed. Pub. L. 107–107, div. A, title XII, § 1222,
Dec. 28, 2001, 115 Stat. 1253.]’’
INVOLVEMENT OF ARMED FORCES IN HAITI
Pub. L. 103–423, Oct. 25, 1994, 108 Stat. 4358, provided
that:
‘‘SECTION 1. SENSE OF CONGRESS REGARDING
UNITED STATES ARMED FORCES OPERATIONS
IN HAITI.
‘‘It is the sense of Congress that—
‘‘(a) the men and women of the United States
Armed Forces in Haiti who are performing with pro-
fessional excellence and dedicated patriotism are to
be commended;
‘‘(b) the President should have sought and wel-
comed
Congressional
approval
before
deploying
United States Armed Forces to Haiti;
‘‘(c) the departure from power of the de facto au-
thorities in Haiti, and Haitian efforts to achieve na-
tional reconciliation, democracy and the rule of law
are in the best interests of the Haitian people;
‘‘(d) the President’s lifting of the unilateral eco-
nomic sanctions on Haiti, and his efforts to bring
about the lifting of economic sanctions imposed by
the United Nations are appropriate; and
‘‘(e) Congress supports a prompt and orderly with-
drawal of all United States Armed Forces from Haiti
as soon as possible.
‘‘SEC. 2. PRESIDENTIAL STATEMENT OF NATIONAL
SECURITY OBJECTIVES.
‘‘The President shall prepare and submit to the Presi-
dent pro tempore of the Senate and the Speaker of the
House of Representatives (hereafter, ‘Congress’) not
later than seven days after enactment of this resolu-
tion [Oct. 25, 1994] a statement of the national security
objectives to be achieved by Operation Uphold Democ-
racy, and a detailed description of United States pol-
icy, the military mission and the general rules of en-
gagement under which operations of United States
Armed Forces are conducted in and around Haiti, in-
cluding the role of United States Armed Forces regard-
ing Haitian on Haitian violence, and efforts to disarm
Haitian military or police forces, or civilians. Changes
or modifications to such objectives, policy, military
mission, or general rules of engagement shall be sub-
mitted to Congress within forty-eight hours of ap-
proval.
‘‘SEC. 3. REPORT ON THE SITUATION IN HAITI.
‘‘Not later than November 1, 1994, and monthly there-
after until the cessation of Operation Uphold Democ-
racy, the President shall submit a report to Congress
on the situation in Haiti, including—
‘‘(a) a listing of the units of the United States
Armed Forces and of the police and military units of
other nations participating in operations in and
around Haiti;
‘‘(b) the estimated duration of Operation Uphold
Democracy and progress toward the withdrawal of all
United States Armed Forces from Haiti consistent
with the goal of section 1(e) of this resolution;
‘‘(c) armed incidents or the use of force in or around
Haiti involving United States Armed Forces or Coast
Guard personnel in the time period covered by the re-
port;
‘‘(d) the estimated cumulative incremental cost of
all United States activities subsequent to September
30, 1993, in and around Haiti, including but not lim-
ited to—
‘‘(1) the cost of all deployments of United States
Armed Forces and Coast Guard personnel, training,
exercises, mobilization, and preparation activities,
including the preparation of police and military
units of the other nations of the multinational
force involved in enforcement of sanctions, limits
on migration, establishment and maintenance of
migrant facilities at Guantanamo Bay and else-
where, and all other activities relating to oper-
ations in and around Haiti; and
‘‘(2) the costs of all other activities relating to
United States policy toward Haiti, including hu-
manitarian assistance, reconstruction, aid and
other financial assistance, and all other costs to
the United States Government;
‘‘(e) a detailed accounting of the source of funds ob-
ligated or expended to meet the costs described in
subparagraph (d), including—
‘‘(1) in the case of funds expended from the De-
partment of Defense budget, a breakdown by mili-
tary service or defense agency, line item and pro-
gram, and
‘‘(2) in the case of funds expended from the budg-
ets of departments and agencies other than the De-
partment of Defense, by department or agency and
program;
‘‘(f) the Administration plan for financing the costs
of the operations and the impact on readiness with-
out supplemental funding;
‘‘(g) a description of the situation in Haiti, includ-
ing—
‘‘(1) the security situation;
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TITLE 50—WAR AND NATIONAL DEFENSE
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‘‘(2) the progress made in transferring the func-
tions of government to the democratically elected
government of Haiti; and
‘‘(3) progress toward holding free and fair par-
liamentary elections;
‘‘(h) a description of issues relating to the United
Nations Mission in Haiti (UNMIH), including—
‘‘(1) the preparedness of the United Nations Mis-
sion in Haiti (UNMIH) to deploy to Haiti to assume
its functions;
‘‘(2) troop commitments by other nations to
UNMIH;
‘‘(3) the anticipated cost to the United States of
participation in UNMIH, including payments to the
United Nations and financial, material and other
assistance to UNMIH;
‘‘(4) proposed or actual participation of United
States Armed Forces in UNMIH;
‘‘(5) proposed command arrangements for UNMIH,
including proposed or actual placement of United
States Armed Forces under foreign command; and
‘‘(6) the anticipated duration of UNMIH.
‘‘SEC. 4. REPORT ON HUMAN RIGHTS.
‘‘Not later than January 1, 1995, the Secretary of
State shall report to Congress on the participation or
involvement of any member of the de jure or de facto
Haitian government in violations of internationally-
recognized human rights from December 15, 1990, to De-
cember 15, 1994.
‘‘SEC. 5. REPORT ON UNITED STATES AGREE-
MENTS.
‘‘Not later than November 15, 1994, the Secretary of
State shall provide a comprehensive report to Congress
on all agreements the United States has entered into
with other nations, including any assistance pledged or
provided, in connection with United States efforts in
Haiti. Such report shall also include information on
any agreements or commitments relating to United Na-
tions Security Council actions concerning Haiti since
1992.
‘‘SEC. 6. TRANSITION TO UNITED NATIONS MIS-
SION IN HAITI.
‘‘Nothing in this resolution should be construed or in-
terpreted to constitute Congressional approval or dis-
approval of the participation of United States Armed
Forces in the United Nations Mission in Haiti.’’
INVOLVEMENT OF ARMED FORCES IN SOMALIA
Pub. L. 103–160, div. A, title XV, § 1512, Nov. 30, 1993,
107 Stat. 1840, provided that:
‘‘(a) SENSE OF CONGRESS REGARDING UNITED STATES
POLICY TOWARD SOMALIA.—
‘‘(1) Since United States Armed Forces made sig-
nificant contributions under Operation Restore Hope
towards the establishment of a secure environment
for humanitarian relief operations and restoration of
peace in the region to end the humanitarian disaster
that had claimed more than 300,000 lives.
‘‘(2) Since the mission of United States forces in
support of the United Nations appears to be evolving
from the establishment of ‘a secure environment for
humanitarian relief operations,’ as set out in United
Nations Security Council Resolution 794 of December
3, 1992, to one of internal security and nation build-
ing.
‘‘(b) STATEMENT OF CONGRESSIONAL POLICY.—
‘‘(1) CONSULTATION WITH THE CONGRESS.—The Presi-
dent should consult closely with the Congress regard-
ing United States policy with respect to Somalia, in-
cluding in particular the deployment of United States
Armed Forces in that country, whether under United
Nations or United States command.
‘‘(2) PLANNING.—The United States shall facilitate
the assumption of the functions of United States
forces by the United Nations.
‘‘(3) REPORTING REQUIREMENT.—
‘‘(A) The President shall ensure that the goals
and objectives supporting deployment of United
States forces to Somalia and a description of the
mission, command arrangements, size, functions,
location, and anticipated duration in Somalia of
those forces are clearly articulated and provided in
a detailed report to the Congress by October 15,
1993.
‘‘(B) Such report shall include the status of plan-
ning to transfer the function contained in para-
graph (2).
‘‘(4) CONGRESSIONAL
APPROVAL.—Upon reporting
under the requirements of paragraph (3) Congress be-
lieves the President should by November 15, 1993, seek
and receive congressional authorization in order for
the deployment of United States forces to Somalia to
continue.’’
DURATION OF AUTHORIZATION FOR UNITED STATES
PARTICIPATION IN MULTINATIONAL FORCE IN SOMALIA
Pub. L. 103–139, title VIII, § 8151, Nov. 11, 1993, 107
Stat. 1475, provided that:
‘‘(a) The Congress finds that—
‘‘(1) the United States entered into Operation Re-
store Hope in December of 1992 for the purpose of re-
lieving mass starvation in Somalia;
‘‘(2) the original mission in Somalia, to secure the
environment for humanitarian relief, had the unani-
mous support of the Senate, expressed in Senate
Joint Resolution 45, passed on February 4, 1993, and
was endorsed by the House when it amended S.J. Res.
45 on May 25, 1993;
‘‘(3) Operation Restore Hope was being successfully
accomplished by United States forces, working with
forces of other nations, when it was replaced by the
UNOSOM II mission, assumed by the United Nations
on May 4, 1993, pursuant to United Nations Resolu-
tion 814 of March 26, 1993;
‘‘(4) neither the expanded United Nations mission of
national reconciliation, nor the broad mission of dis-
arming the clans, nor any other mission not essential
to the performance of the humanitarian mission has
been endorsed or approved by the Senate;
‘‘(5) the expanded mission of the United Nations
was, subsequent to an attack upon United Nations
forces, diverted into a mission aimed primarily at
capturing certain persons, pursuant to United Na-
tions Security Council Resolution 837, of June 6, 1993;
‘‘(6) the actions of hostile elements in Mogadishu,
and the United Nations mission to subdue those ele-
ments, have resulted in open conflict in the city of
Mogadishu and the deaths of 29 Americans, at least
159 wounded, and the capture of American personnel;
and
‘‘(7) during fiscal years 1992 and 1993, the United
States incurred expenses in excess of $1,100,000,000 to
support operations in Somalia.
‘‘(b) The Congress approves the use of United States
Armed Forces in Somalia for the following purposes:
‘‘(1) The protection of United States personnel and
bases; and
‘‘(2) The provision of assistance in securing open
lines of communication for the free flow of supplies
and relief operations through the provision of—
‘‘(A) United States military logistical support
services to United Nations forces; and
‘‘(B) United States combat forces in a security
role and as an interim force protection supplement
to United Nations units: Provided, That funds ap-
propriated, or otherwise made available, in this or
any other Act to the Department of Defense may be
obligated for expenses incurred only through March
31, 1994, for the operations of United States Armed
Forces in Somalia: Provided further, That such date
may be extended if so requested by the President
and authorized by the Congress: Provided further,
That funds may be obligated beyond March 31, 1994
to support a limited number of United States mili-
tary personnel sufficient only to protect American
diplomatic facilities and American citizens, and
noncombat personnel to advise the United Nations
commander in Somalia: Provided further, That
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United States combat forces in Somalia shall be
under the command and control of United States
commanders under the ultimate direction of the
President of the United States: Provided further,
That the President should intensify efforts to have
United Nations member countries immediately de-
ploy additional troops to Somalia to fulfill previous
force commitments made to the United Nations and
to deploy additional forces to assume the security
missions of United States Armed Forces: Provided
further, That—
‘‘(i) captured United States personnel in Soma-
lia should be treated humanely and fairly; and
‘‘(ii) the United States and the United Nations
should make all appropriate efforts to ensure the
immediate and safe return of any future captured
United States personnel: Provided further, That
the President should ensure that, at all times,
United States military personnel in Somalia have
the capacity to defend themselves, and American
citizens: Provided further, That the United States
Armed Forces should remain deployed in or
around Somalia until such time as all American
service personnel missing in action in Somalia
are accounted for, and all American service per-
sonnel held prisoner in Somalia are released: Pro-
vided further, That nothing herein shall be deemed
to restrict in any way the authority of the Presi-
dent under the Constitution to protect the lives
of Americans.’’
AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST
IRAQ RESOLUTION
Pub. L. 102–1, Jan. 14, 1991, 105 Stat. 3, as amended by
Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 207],
Nov. 29, 1999, 113 Stat. 1536, 1501A–422, provided that:
‘‘Whereas the Government of Iraq without provocation
invaded and occupied the territory of Kuwait on Au-
gust 2, 1990;
‘‘Whereas both the House of Representatives (in H.J.
Res. 658 of the 101st Congress) and the Senate (in S.
Con. Res. 147 of the 101st Congress) have condemned
Iraq’s invasion of Kuwait and declared their support
for international action to reverse Iraq’s aggression;
‘‘Whereas, Iraq’s conventional, chemical, biological,
and nuclear weapons and ballistic missile programs
and its demonstrated willingness to use weapons of
mass destruction pose a grave threat to world peace;
‘‘Whereas the international community has demanded
that Iraq withdraw unconditionally and immediately
from Kuwait and that Kuwait’s independence and le-
gitimate government be restored;
‘‘Whereas the United Nations Security Council repeat-
edly affirmed the inherent right of individual or col-
lective self-defense in response to the armed attack
by Iraq against Kuwait in accordance with Article 51
of the United Nations Charter;
‘‘Whereas, in the absence of full compliance by Iraq
with its resolutions, the United Nations Security
Council in Resolution 678 has authorized member
states of the United Nations to use all necessary
means, after January 15, 1991, to uphold and imple-
ment all relevant Security Council resolutions and to
restore international peace and security in the area;
and
‘‘Whereas Iraq has persisted in its illegal occupation of,
and brutal aggression against Kuwait: Now, there-
fore, be it
‘‘Resolved by the Senate and House of Representatives of
the United States of America in Congress assembled,
‘‘SECTION 1. SHORT TITLE.
‘‘This joint resolution may be cited as the ‘Author-
ization for Use of Military Force Against Iraq Resolu-
tion’.
‘‘SEC. 2. AUTHORIZATION FOR USE OF UNITED
STATES ARMED FORCES.
‘‘(a) AUTHORIZATION.—The President is authorized,
subject to subsection (b), to use United States Armed
Forces pursuant to United Nations Security Council
Resolution 678 (1990) in order to achieve implementa-
tion of Security Council Resolutions 660, 661, 662, 664,
665, 666, 667, 669, 670, 674, and 677.
‘‘(b) REQUIREMENT FOR DETERMINATION THAT USE OF
MILITARY FORCE IS NECESSARY.—Before exercising the
authority granted in subsection (a), the President shall
make available to the Speaker of the House of Rep-
resentatives and the President pro tempore of the Sen-
ate his determination that—
‘‘(1) the United States has used all appropriate dip-
lomatic and other peaceful means to obtain compli-
ance by Iraq with the United Nations Security Coun-
cil resolutions cited in subsection (a); and
‘‘(2) that those efforts have not been and would not
be successful in obtaining such compliance.
‘‘(c) WAR POWERS RESOLUTION REQUIREMENTS.—
‘‘(1)
SPECIFIC
STATUTORY
AUTHORIZATION.—Con-
sistent with section 8(a)(1) of the War Powers Resolu-
tion [50 U.S.C. 1547(a)(1)], the Congress declares that
this section is intended to constitute specific statu-
tory authorization within the meaning of section 5(b)
of the War Powers Resolution [50 U.S.C. 1544(b)].
‘‘(2) APPLICABILITY OF OTHER REQUIREMENTS.—Noth-
ing in this resolution supersedes any requirement of
the War Powers Resolution [50 U.S.C. 1541 et seq.].
‘‘SEC. 3. REPORTS TO CONGRESS.
‘‘At least once every 90 days, the President shall sub-
mit to the Congress a summary on the status of efforts
to obtain compliance by Iraq with the resolutions
adopted by the United Nations Security Council in re-
sponse to Iraq’s aggression.’’
INTRODUCTION OF UNITED STATES ARMED FORCES INTO
CENTRAL AMERICA FOR COMBAT
Pub. L. 98–525, title III, § 310, Oct. 19, 1984, 98 Stat.
2516, provided that:
‘‘(a) The Congress makes the following findings:
‘‘(1) The President has stated that there is no need
to introduce United States Armed Forces into Cen-
tral America for combat and that he has no intention
of doing so.
‘‘(2) The President of El Salvador has stated that
there is no need for United States Armed Forces to
conduct combat operations in El Salvador and that
he has no intention of asking that they do so.
‘‘(3) The possibility of the introduction of United
States Armed Forces into Central America for com-
bat raises very grave concern in the Congress and the
American people.
‘‘(b) It is the sense of Congress that—
‘‘(1) United States Armed Forces should not be in-
troduced into or over the countries of Central Amer-
ica for combat; and
‘‘(2) if circumstances change from those present on
the date of the enactment of this Act and the Presi-
dent believes that those changed circumstances re-
quire the introduction of United States Armed Forces
into or over a country of Central America for combat,
the President should consult with Congress before
any decision to so introduce United States Armed
Forces and any such introduction of United States
Armed Forces must comply with the War Powers Res-
olution [this chapter].’’
Pub. L. 98–473, title I, § 101(h) [title VIII, § 8101], Oct.
12, 1984, 98 Stat. 1904, 1942, provided that:
‘‘(a) The Congress makes the following findings:
‘‘(1) The President has stated that there is no need
to introduce United States Armed Forces into Cen-
tral America for combat and that he has no intention
of doing so.
‘‘(2) The President of El Salvador has stated that
there is no need for United States Armed Forces to
conduct combat operations in El Salvador and that
he has no intention of asking that they do so.
‘‘(3) The possibility of the introduction of United
States Armed Forces into Central America for com-
bat raises very grave concern in the Congress and the
American people.
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‘‘(b) It is the sense of Congress that—
‘‘(1) United States Armed Forces should not be in-
troduced into or over the countries of Central Amer-
ica for combat; and
‘‘(2) if circumstances change from those present on
the date of the enactment of this Act [Oct. 12, 1984]
and the President believes that those changed cir-
cumstances require the introduction of United States
Armed Forces into or over a country of Central
America for combat, the President should consult
with Congress before any decision to so introduce
United States Armed Forces and any such introduc-
tion of United States Armed Forces must comply
with the War Powers Resolution [this chapter].’’
MULTINATIONAL FORCE IN LEBANON RESOLUTION
Pub. L. 98–119, Oct. 12, 1983, 97 Stat. 805, provided
that:
‘‘SHORT TITLE
‘‘SECTION 1. This joint resolution may be cited as the
‘Multinational Force in Lebanon Resolution’.
‘‘FINDINGS AND PURPOSE
‘‘SEC. 2. (a) The Congress finds that—
‘‘(1) the removal of all foreign forces from Lebanon
is an essential United States foreign policy objective
in the Middle East;
‘‘(2) in order to restore full control by the Govern-
ment of Lebanon over its own territory, the United
States is currently participating in the multinational
peacekeeping force (hereafter in this resolution re-
ferred to as the ‘Multinational Force in Lebanon’)
which was established in accordance with the ex-
change of letters between the Governments of the
United States and Lebanon dated September 25, 1982;
‘‘(3) the Multinational Force in Lebanon better en-
ables the Government of Lebanon to establish its
unity, independence, and territorial integrity;
‘‘(4) progress toward national political reconcili-
ation in Lebanon is necessary; and
‘‘(5) United States Armed Forces participating in
the Multinational Force in Lebanon are now in hos-
tilities requiring authorization of their continued
presence under the War Powers Resolution [50 U.S.C.
1541 et seq.].
‘‘(b) The Congress determines that the requirements
of section 4(a)(1) of the War Powers Resolution [50
U.S.C. 1543(a)(1)] became operative on August 29, 1983.
Consistent with section 5(b) of the War Powers Resolu-
tion [50 U.S.C. 1544(b)], the purpose of this joint resolu-
tion is to authorize the continued participation of
United States Armed Forces in the Multinational Force
in Lebanon.
‘‘(c) The Congress intends this joint resolution to
constitute the necessary specific statutory authoriza-
tion under the War Powers Resolution for continued
participation by United States Armed Forces in the
Multinational Force in Lebanon.
‘‘AUTHORIZATION
FOR
CONTINUED
PARTICIPATION
OF
UNITED STATES ARMED FORCES IN THE MULTINATIONAL
FORCE IN LEBANON
‘‘SEC. 3. The President is authorized, for purposes of
section 5(b) of the War Powers Resolution [50 U.S.C.
1544(b)], to continue participation by United States
Armed Forces in the Multinational Force in Lebanon,
subject to the provisions of section 6 of this joint reso-
lution. Such participation shall be limited to perform-
ance of the functions, and shall be subject to the limi-
tations, specified in the agreement establishing the
Multinational Force in Lebanon as set forth in the ex-
change of letters between the Governments of the
United States and Lebanon dated September 25, 1982,
except that this shall not preclude such protective
measures as may be necessary to ensure the safety of
the Multinational Force in Lebanon.
‘‘REPORTS TO THE CONGRESS
‘‘SEC. 4. As required by section 4(c) of the War Powers
Resolution [50 U.S.C. 1543(c)], the President shall report
periodically to the Congress with respect to the situa-
tion in Lebanon, but in no event shall he report less
often than once every three months. In addition to pro-
viding the information required by that section on the
status, scope, and duration of hostilities involving
United States Armed Forces, such reports shall de-
scribe in detail—
‘‘(1) the activities being performed by the Multi-
national Force in Lebanon;
‘‘(2) the present composition of the Multinational
Force in Lebanon, including a description of the re-
sponsibilities and deployment of the armed forces of
each participating country;
‘‘(3) the results of efforts to reduce and eventually
eliminate the Multinational Force in Lebanon;
‘‘(4) how continued United States participation in
the Multinational Force in Lebanon is advancing
United States foreign policy interests in the Middle
East; and
‘‘(5) what progress has occurred toward national po-
litical reconciliation among all Lebanese groups.
‘‘STATEMENTS OF POLICY
‘‘SEC. 5. (a) The Congress declares that the participa-
tion of the armed forces of other countries in the Mul-
tinational Force in Lebanon is essential to maintain
the international character of the peacekeeping func-
tion in Lebanon.
‘‘(b) The Congress believes that it should continue to
be the policy of the United States to promote con-
tinuing discussions with Israel, Syria, and Lebanon
with the objective of bringing about the withdrawal of
all foreign troops from Lebanon and establishing an en-
vironment which will permit the Lebanese Armed
Forces to carry out their responsibilities in the Beirut
area.
‘‘(c) It is the sense of the Congress that, not later
than one year after the date of enactment of this joint
resolution [Oct. 12, 1983] and at least once a year there-
after, the United States should discuss with the other
members of the Security Council of the United Nations
the establishment of a United Nations peacekeeping
force to assume the responsibilities of the Multi-
national Force in Lebanon. An analysis of the implica-
tions of the response to such discussions for the con-
tinuation of the Multinational Force in Lebanon shall
be included in the reports required under paragraph (3)
of section 4 of this resolution.
‘‘DURATION OF AUTHORIZATION FOR UNITED STATES PAR-
TICIPATION IN THE MULTINATIONAL FORCE IN LEBANON
‘‘SEC. 6. The participation of United States Armed
Forces in the Multinational Force in Lebanon shall be
authorized for purposes of the War Powers Resolution
[50 U.S.C. 1541 et seq.] until the end of the eighteen-
month period beginning on the date of enactment of
this resolution [Oct. 12, 1983] unless the Congress ex-
tends such authorization, except that such authoriza-
tion shall terminate sooner upon the occurrence of any
one of the following:
‘‘(1) the withdrawal of all foreign forces from Leb-
anon, unless the President determines and certifies to
the Congress that continued United States Armed
Forces participation in the Multinational Force in
Lebanon is required after such withdrawal in order to
accomplish the purposes specified in the September
25, 1982, exchange of letters providing for the estab-
lishment of the Multinational Force in Lebanon; or
‘‘(2) the assumption by the United Nations or the
Government of Lebanon of the responsibilities of the
Multinational Force in Lebanon; or
‘‘(3) the implementation of other effective security
arrangements in the area; or
‘‘(4) the withdrawal of all other countries from par-
ticipation in the Multinational Force in Lebanon.
‘‘INTERPRETATION OF THIS RESOLUTION
‘‘SEC. 7. (a) Nothing in this joint resolution shall pre-
clude the President from withdrawing United States
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TITLE 50—WAR AND NATIONAL DEFENSE
§ 1542
Armed Forces participation in the Multinational Force
in Lebanon if circumstances warrant, and nothing in
this joint resolution shall preclude the Congress by
joint resolution from directing such a withdrawal.
‘‘(b) Nothing in this joint resolution modifies, limits,
or supersedes any provision of the War Powers Resolu-
tion [50 U.S.C. 1541 et seq.] or the requirement of sec-
tion 4(a) of the Lebanon Emergency Assistance Act of
1983, relating to congressional authorization for any
substantial expansion in the number or role of United
States Armed Forces in Lebanon.
‘‘CONGRESSIONAL PRIORITY PROCEDURES FOR
AMENDMENTS
‘‘SEC. 8. (a) Any joint resolution or bill introduced to
amend or repeal this Act shall be referred to the Com-
mittee on Foreign Affairs of the House of Representa-
tives or the Committee on Foreign Relations of the
Senate, as the case may be. Such joint resolution or
bill shall be considered by such committee within fif-
teen calendar days and may be reported out, together
with its recommendations, unless such House shall oth-
erwise determine pursuant to its rules.
‘‘(b) Any joint resolution or bill so reported shall be-
come the pending business of the House in question (in
the case of the Senate the time for debate shall be
equally divided between the proponents and the oppo-
nents) and shall be voted on within three calendar days
thereafter, unless such House shall otherwise deter-
mine by the yeas and nays.
‘‘(c) 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
by such committee together with its recommendations
within fifteen calendar days and shall thereupon be-
come the pending business of such House and shall be
voted upon within three calendar days, unless such
House shall otherwise determine by the yeas and nays.
‘‘(d) In the case of any disagreement between the two
Houses of Congress with respect to a joint resolution or
bill passed by both Houses, conferees shall be promptly
appointed and the committee of conference shall make
and file a report with respect to such joint 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 con-
ference reports 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 six calendar
days after the conference report is filed. In the event
the conferees are unable to agree within forty-eight
hours, they shall report back to their respective Houses
in disagreement.’’
ADHERENCE TO WAR POWERS RESOLUTION
Pub. L. 96–342, title X, § 1008, Sept. 8, 1980, 94 Stat.
1122, provided that: ‘‘Whereas, the National Command
Authority must have the capacity to carry out any
military mission which is essential to the national se-
curity of the United States having in its hands in the
Rapid Deployment Force an increased capability to ex-
tend the reach of our military power in an expedited
manner; and whereas, without the significant safeguard
of the War Powers Resolution (Public Law 93–148) [this
chapter], United States foreign and defense policies
could be subject to misinterpretation; it is therefore
the sense of the Congress that the provisions of the War
Powers Resolution be strictly adhered to and that the
congressional consultation process specified by such
Resolution be utilized strictly according to the terms
of the War Powers Resolution.’’
Executive Documents
DELEGATION OF CERTAIN REPORTING AUTHORITY
Memorandum of President of the United States, July
2, 2004, 69 F.R. 43723, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the
Constitution and laws of the United States, including
section 301 of title 3, United States Code, I hereby dele-
gate to you the functions and authority conferred upon
the President by section 4 of the Authorization for Use
of Military Force Against Iraq Resolution of 2002, Pub-
lic Law 107–243 [set out in a note above], and by section
3 of the Authorization for Use of Military Force
Against Iraq Resolution, Public Law 102–1 [set out in a
note above], to make the specified reports to the Con-
gress.
You are authorized and directed to publish this
memorandum in the Federal Register.
GEORGE W. BUSH.
§ 1542. Consultation; initial and regular consulta-
tions
The President in every possible instance shall
consult with Congress before introducing United
States Armed Forces into hostilities or into sit-
uations where imminent involvement in hos-
tilities
is
clearly
indicated
by
the
cir-
cumstances, and after every such introduction
shall consult regularly with the Congress until
United States Armed Forces are no longer en-
gaged in hostilities or have been removed from
such situations.
(Pub. L. 93–148, § 3, Nov. 7, 1973, 87 Stat. 555.)
§ 1543. Reporting requirement
(a) Written report; time of submission; cir-
cumstances necessitating submission; infor-
mation 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, ex-
cept 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 com-
bat 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 re-
port, in writing, setting forth—
(A) the circumstances necessitating the in-
troduction of United States Armed Forces;
(B) the constitutional and legislative au-
thority under which such introduction took
place; and
(C) the estimated scope and duration of the
hostilities or involvement.
(b) Other information reported
The President shall provide such other infor-
mation as the Congress may request in the ful-
fillment of its constitutional responsibilities
with respect to committing the Nation to war
and to the use of United States Armed Forces
abroad.
(c) Periodic reports; semiannual requirement
Whenever United States Armed Forces are in-
troduced 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 sit-
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
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Federal law — U.S. Code and appendices · legal_authorities
§ 2151. Congressional findings and declaration of
policy
(a) United States development cooperation pol-
icy
The Congress finds that fundamental political,
economic, and technological changes have re-
sulted in the interdependence of nations. The
Congress declares that the individual liberties,
economic prosperity, and security of the people
of the United States are best sustained and en-
hanced in a community of nations which respect
individual civil and economic rights and free-
doms and which work together to use wisely the
world’s limited resources in an open and equi-
table international economic system. Further-
more, the Congress reaffirms the traditional hu-
manitarian ideals of the American people and
renews its commitment to assist people in devel-
oping countries to eliminate hunger, poverty,
illness, and ignorance.
Therefore, the Congress declares that a prin-
cipal objective of the foreign policy of the
United States is the encouragement and sus-
tained support of the people of developing coun-
tries in their efforts to acquire the knowledge
and resources essential to development and to
build the economic, political, and social institu-
tions which will improve the quality of their
lives.
United States development cooperation policy
should emphasize five principal goals:
Page 533
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2151
(1) the alleviation of the worst physical
manifestations of poverty among the world’s
poor majority;
(2) the promotion of conditions enabling de-
veloping countries to achieve self-sustaining
economic growth with equitable distribution
of benefits;
(3) the encouragement of development proc-
esses in which individual civil and economic
rights are respected and enhanced;
(4) the integration of the developin
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional declaration** It is the purpose of this chapter 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.
**(b) Congressional legislative power under necessary and proper clause** Under article I, section 8, of the Constitution, 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 the Constitution in the Government of the United States, or in any department or officer thereof.
**(c) Presidential executive power as Commander-in-Chief; limitation** The constitutional powers of the President as Commander-in-Chief 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.
**(a) Transmittal of report and referral to Congressional committees; joint request for convening Congress** Each report submitted pursuant to [section 1543(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1543/a/1&num=0&edition=prelim) 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) 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 pursuant to [section 1543(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1543/a/1&num=0&edition=prelim), 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
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 1544. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 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
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Federal law — U.S. Code and appendices · legal_authorities
**(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** Nothing in this chapter shall be construed to require any further specific statutory authorization to permit members of United States Armed Forces to participate jointly with members of the armed forces of one or more foreign countries in the headquarters operations of high-level military commands which were established prior to November 7, 1973, and pursuant to the United Nations Charter or any treaty ratified by the United States prior to such date.
**(c) Introduction of United States Armed Forces** For purposes of this chapter, the term “introduction of United States Armed Forces” includes the assignment of members of such armed forces to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign cou
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 1547. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1547. Interpretation of joint resolution
(a) Inferences from any law or treaty
Authority to introduce United States Armed
Forces into hostilities or into situations where-
in 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 author-
izes 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 intro-
duction of United States Armed Forces into
hostilities or into such situations and stating
that it is intended to constitute specific statu-
tory authorization within the meaning of this
chapter.
(b) Joint headquarters operations of high-level
military commands
Nothing in this chapter shall be construed to
require any further specific statutory authoriza-
tion to permit members of United States Armed
Forces to participate jointly with members of
the armed forces of one or more foreign coun-
tries in the headquarters operations of high-
level military commands which were established
prior to November 7, 1973, and pursuant to the
United Nations Charter or any treaty ratified by
the United States prior to such date.
(c) Introduction of United States Armed Forces
For purposes of this chapter, the term ‘‘intro-
duction of United States Armed Forces’’ in-
cludes the assignment of members of such armed
forces to command, coordinate, participate in
the movement
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 1547. This identifies an authority to review, not proof of applicability.