Legislación
US (United States) Code. Title 50. Chapter 33: War powers resolution
-CITE-
50 USC CHAPTER 33 - WAR POWERS RESOLUTION 01/06/03
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 33 - WAR POWERS RESOLUTION
-HEAD-
CHAPTER 33 - WAR POWERS RESOLUTION
-MISC1-
Sec.
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.
1542. Consultation; initial and regular consultations.
1543. Reporting requirement.
(a) Written report; time of submission;
circumstances necessitating submission;
information reported.
(b) Other information reported.
(c) Periodic reports; semiannual requirement.
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.
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.
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.
1546a. Expedited procedures for certain joint resolutions and
bills.
1547. Interpretation of joint resolution.
(a) Inferences from any law or treaty.
(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.
1548. Separability.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 10 sections 127a, 12304;
title 22 section 3426.
-End-
-CITE-
50 USC Sec. 1541 01/06/03
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 33 - WAR POWERS RESOLUTION
-HEAD-
Sec. 1541. Purpose and policy
-STATUTE-
(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 hereof.
(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.
-SOURCE-
(Pub. L. 93-148, Sec. 2, Nov. 7, 1973, 87 Stat. 555.)
-MISC1-
EFFECTIVE DATE
Section 10 of Pub. L. 93-148 provided that: "This joint
resolution [enacting this chapter] shall take effect on the date of
its enactment [Nov. 7, 1973]."
SHORT TITLE
Section 1 of Pub. L. 93-148 provided that: "This joint resolution
[enacting this chapter] may be cited as the 'War Powers
Resolution'."
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 Kuwait and its people in order
to defend the national security of the United States and enforce
United Nations 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 inspectors, United
States intelligence agencies, and Iraqi defectors led to the
discovery that Iraq had large stockpiles of chemical weapons and
a large scale biological weapons program, and that Iraq had an
advanced 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 capabilities, 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 unacceptable 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 compliance with its
international obligations';
"Whereas Iraq both poses a continuing threat to the national
security of the United States and international peace and
security in the Persian Gulf region and remains in material and
unacceptable breach of its international obligations by, among
other things, continuing to possess and develop a significant
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 account for non-Iraqi citizens wrongfully
detained by Iraq, including an American serviceman, and by
failing 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 attack, the United States,
including by attempting in 1993 to assassinate former President
Bush and by firing 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 occurred on September
11, 2001, are known to be in Iraq;
"Whereas Iraq continues to aid and harbor other international
terrorist organizations, including organizations that threaten
the lives and safety of United States citizens;
"Whereas the attacks on the United States of September 11, 2001,
underscored the gravity of the threat posed by the acquisition of
weapons of mass destruction by international terrorist
organizations;
"Whereas Iraq's demonstrated capability and willingness 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 attack, 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 development of weapons of mass destruction and
refusal or obstruction of United Nations weapons inspections in
violation of United Nations Security Council Resolution 687
(1991), repression of its civilian population in violation of
United Nations Security Council Resolution 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 pursuant to United Nations Security Council Resolution 678
(1990) in order to achieve implementation of Security 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 Council Resolution 687 as being
consistent with the Authorization of Use of Military Force
Against Iraq Resolution (Public Law 102-1),' that Iraq's
repression of its civilian population violates United Nations
Security Council Resolution 688 and 'constitutes a continuing
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) [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 committed the United
States to 'work with the United Nations Security Council to meet
our common challenge' posed by Iraq and to 'work for the
necessary resolutions,' while also making clear that 'the
Security 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 development of weapons of mass
destruction in direct violation of its obligations under the 1991
cease-fire and other United Nations Security Council resolutions
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 vigorously the war on
terrorism through the provision of authorities and funding
requested by the President to take the necessary actions against
international terrorists and terrorist organizations, including
those nations, organizations, or persons who planned, authorized,
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
terrorist attacks that occurred on September 11, 2001, or
harbored such persons or organizations;
"Whereas the President has authority under the Constitution 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 security 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 'Authorization for Use
of Military Force Against Iraq Resolution of 2002'.
"SEC. 2. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS.
"The Congress of the United States supports the efforts by the
President to -
"(1) strictly enforce through the United Nations Security
Council all relevant Security Council resolutions regarding Iraq
and encourages him in those efforts; and
"(2) obtain prompt and decisive action by the Security 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 determines 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 subsection (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 authority, make available to the Speaker of the House of
Representatives and the President pro tempore of the Senate his
determination that -
"(1) reliance by the United States on further diplomatic 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 consistent
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 terrorist attacks
that occurred on September 11, 2001.
"(c) War Powers Resolution Requirements. -
"(1) Specific statutory authorization. - Consistent with
section 8(a)(1) of the War Powers Resolution [50 U.S.C.
1547(a)(1)], the Congress declares that this section is intended
to constitute specific statutory authorization within the meaning
of section 5(b) of the War Powers Resolution [50 U.S.C. 1544(b)].
"(2) Applicability of other requirements. - Nothing in this
joint resolution supersedes any requirement 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 matters 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
completed, including those actions described in section 7 of the
Iraq Liberation Act of 1998 (Public Law 105-338) [22 U.S.C. 2151
note].
"(b) Single Consolidated Report. - To the extent that the
submission of any report described in subsection (a) coincides with
the submission of any other report on matters relevant to this
joint resolution otherwise required to be submitted to Congress
pursuant to the reporting requirements of the War Powers Resolution
(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 (Public 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:
"Whereas, on September 11, 2001, acts of treacherous violence were
committed against the United States and its citizens; and
"Whereas, such acts render it both necessary and appropriate 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 security 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 foreign policy of the United
States; and
"Whereas, the President has authority under the Constitution 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 'Authorization 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 harbored such organizations or persons, in
order to prevent any future acts of international terrorism against
the United States by such nations, organizations or persons.
"(b) War Powers Resolution Requirements. -
"(1) Specific statutory authorization. - Consistent with
section 8(a)(1) of the War Powers Resolution [50 U.S.C.
1547(a)(1)], the Congress declares that this section is intended
to constitute specific statutory authorization within the meaning
of section 5(b) of the War Powers Resolution [50 U.S.C. 1544(b)].
"(2) Applicability of other requirements. - Nothing 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, Sec. 1232, Oct. 5, 1999, 113
Stat. 788, as amended by Pub. L. 107-107, div. A, title XII, Sec.
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
designated as Operation Uphold Democracy.
"[(b) Repealed. Pub. L. 107-107, div. A, title XII, Sec. 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 professional excellence and
dedicated patriotism are to be commended;
"(b) the President should have sought and welcomed
Congressional approval before deploying United States Armed
Forces to Haiti;
"(c) the departure from power of the de facto authorities in
Haiti, and Haitian efforts to achieve national reconciliation,
democracy and the rule of law are in the best interests of the
Haitian people;
"(d) the President's lifting of the unilateral economic
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 withdrawal 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 President pro
tempore of the Senate and the Speaker of the House of
Representatives (hereafter, 'Congress') not later than seven days
after enactment of this resolution [Oct. 25, 1994] a statement of
the national security objectives to be achieved by Operation Uphold
Democracy, and a detailed description of United States policy, the
military mission and the general rules of engagement under which
operations of United States Armed Forces are conducted in and
around Haiti, including the role of United States Armed Forces
regarding 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 submitted to Congress within
forty-eight hours of approval.
"SEC. 3. REPORT ON THE SITUATION IN HAITI.
"Not later than November 1, 1994, and monthly thereafter until
the cessation of Operation Uphold Democracy, 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 report;
"(d) the estimated cumulative incremental cost of all United
States activities subsequent to September 30, 1993, in and around
Haiti, including but not limited 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 elsewhere, and all
other activities relating to operations in and around Haiti;
and
"(2) the costs of all other activities relating to United
States policy toward Haiti, including humanitarian 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 obligated or
expended to meet the costs described in subparagraph (d),
including -
"(1) in the case of funds expended from the Department of
Defense budget, a breakdown by military service or defense
agency, line item and program, and
"(2) in the case of funds expended from the budgets of
departments and agencies other than the Department of Defense,
by department or agency and program;
"(f) the Administration plan for financing the costs of the
operations and the impact on readiness without supplemental
funding;
"(g) a description of the situation in Haiti, including -
"(1) the security situation;
"(2) the progress made in transferring the functions of
government to the democratically elected government of Haiti;
and
"(3) progress toward holding free and fair parliamentary
elections;
"(h) a description of issues relating to the United Nations
Mission in Haiti (UNMIH), including -
"(1) the preparedness of the United Nations Mission 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 December 15, 1994.
"SEC. 5. REPORT ON UNITED STATES AGREEMENTS.
"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 Nations Security
Council actions concerning Haiti since 1992.
"SEC. 6. TRANSITION TO UNITED NATIONS MISSION IN HAITI.
"Nothing in this resolution should be construed or interpreted to
constitute Congressional approval or disapproval 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, Sec. 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 significant
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
building.
"(b) Statement of Congressional Policy. -
"(1) Consultation with the congress. - The President should
consult closely with the Congress regarding United States policy
with respect to Somalia, including 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 planning to
transfer the function contained in paragraph (2).
"(4) Congressional approval. - Upon reporting under the
requirements of paragraph (3) Congress believes 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, Sec. 8151, Nov. 11, 1993, 107 Stat.
1475, provided that:
"(a) The Congress finds that -
"(1) the United States entered into Operation Restore Hope in
December of 1992 for the purpose of relieving mass starvation in
Somalia;
"(2) the original mission in Somalia, to secure the environment
for humanitarian relief, had the unanimous 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
Resolution 814 of March 26, 1993;
"(4) neither the expanded United Nations mission of national
reconciliation, nor the broad mission of disarming 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
Nations Security Council Resolution 837, of June 6, 1993;
"(6) the actions of hostile elements in Mogadishu, and the
United Nations mission to subdue those elements, 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 appropriated, 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 military
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 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 deploy
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 Somalia 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 personnel held
prisoner in Somalia are released: Provided further, That
nothing herein shall be deemed to restrict in any way the
authority of the President 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, Sec. 1000(a)(7) [div. A, title II, Sec. 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 August 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 legitimate government be restored;
"Whereas the United Nations Security Council repeatedly affirmed
the inherent right of individual or collective 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 implement
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, 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 'Authorization for Use
of Military Force Against Iraq Resolution'.
"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 implementation 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 Representatives and the President pro tempore of the Senate his
determination that -
"(1) the United States has used all appropriate diplomatic and
other peaceful means to obtain compliance by Iraq with the United
Nations Security Council 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. - Consistent with
section 8(a)(1) of the War Powers Resolution [50 U.S.C.
1547(a)(1)], the Congress declares that this section is intended
to constitute specific statutory authorization within the meaning
of section 5(b) of the War Powers Resolution [50 U.S.C. 1544(b)].
"(2) Applicability of other requirements. - Nothing 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 submit 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 response to Iraq's aggression."
INTRODUCTION OF UNITED STATES ARMED FORCES INTO CENTRAL AMERICA FOR
COMBAT
Pub. L. 98-525, title III, Sec. 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 Central 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 combat 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 introduced into
or over the countries of Central America for combat; and
"(2) if circumstances change from those present on the date of
the enactment of this Act and the President believes that those
changed circumstances 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
introduction of United States Armed Forces must comply with the
War Powers Resolution [this chapter]."
Pub. L. 98-473, title I, Sec. 101(h) [title VIII, Sec. 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 Central 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 combat 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 introduced into
or over the countries of Central America 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 circumstances 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 introduction 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 Government of
Lebanon over its own territory, the United States is currently
participating in the multinational peacekeeping force (hereafter
in this resolution referred to as the 'Multinational Force in
Lebanon') which was established in accordance with the exchange
of letters between the Governments of the United States and
Lebanon dated September 25, 1982;
"(3) the Multinational Force in Lebanon better enables the
Government of Lebanon to establish its unity, independence, and
territorial integrity;
"(4) progress toward national political reconciliation in
Lebanon is necessary; and
"(5) United States Armed Forces participating in the
Multinational Force in Lebanon are now in hostilities 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 Resolution [50 U.S.C. 1544(b)], the purpose of this
joint resolution 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 authorization 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 resolution. Such participation shall be limited to
performance of the functions, and shall be subject to the
limitations, specified in the agreement establishing the
Multinational Force in Lebanon as set forth in the exchange 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 situation in Lebanon, but in no event
shall he report less often than once every three months. In
addition to providing the information required by that section on
the status, scope, and duration of hostilities involving United
States Armed Forces, such reports shall describe in detail -
"(1) the activities being performed by the Multinational Force
in Lebanon;
"(2) the present composition of the Multinational Force in
Lebanon, including a description of the responsibilities 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 political
reconciliation among all Lebanese groups.
"STATEMENTS OF POLICY
"Sec. 5. (a) The Congress declares that the participation of the
armed forces of other countries in the Multinational Force in
Lebanon is essential to maintain the international character of the
peacekeeping function in Lebanon.
"(b) The Congress believes that it should continue to be the
policy of the United States to promote continuing discussions with
Israel, Syria, and Lebanon with the objective of bringing about the
withdrawal of all foreign troops from Lebanon and establishing an
environment 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 thereafter, 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 Multinational Force in
Lebanon. An analysis of the implications of the response to such
discussions for the continuation 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 PARTICIPATION 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 extends such
authorization, except that such authorization shall terminate
sooner upon the occurrence of any one of the following:
"(1) the withdrawal of all foreign forces from Lebanon, 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 establishment 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 participation
in the Multinational Force in Lebanon.
"INTERPRETATION OF THIS RESOLUTION
"Sec. 7. (a) Nothing in this joint resolution shall preclude the
President from withdrawing United States 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 Resolution [50 U.S.C.
1541 et seq.] or the requirement of section 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 Committee on Foreign
Affairs [now Committee on International Relations] of the House of
Representatives 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 fifteen calendar days and may
be reported out, together with its recommendations, unless such
House shall otherwise determine pursuant to its rules.
"(b) Any joint resolution or bill so reported shall become the
pending business of the House in question (in the case of the
Senate the time for debate shall be equally divided between the
proponents and the opponents) and shall be voted on within three
calendar days thereafter, unless such House shall otherwise
determine 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
become 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 conference 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, Sec. 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 security of the United States having in its hands
in the Rapid Deployment Force an increased capability to extend 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."
-End-
-CITE-
50 USC Sec. 1542 01/06/03
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 33 - WAR POWERS RESOLUTION
-HEAD-
Sec. 1542. Consultation; initial and regular consultations
-STATUTE-
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.
-SOURCE-
(Pub. L. 93-148, Sec. 3, Nov. 7, 1973, 87 Stat. 555.)
-End-
-CITE-
50 USC Sec. 1543 01/06/03
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 33 - WAR POWERS RESOLUTION
-HEAD-
Sec. 1543. Reporting requirement
-STATUTE-
(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
The President shall provide such other information as the
Congress may request in the fulfillment of its constitutional
responsibilities with respect to committing the Nation to war and
to the use of United States Armed Forces abroad.
(c) Periodic reports; semiannual requirement
Whenever United States Armed Forces are introduced into
hostilities or into any situation described in subsection (a) of
this section, the President shall, so long as such armed forces
continue to be engaged in such hostilities or situation, report to
the Congress periodically on the status of such hostilities or
situation as well as on the scope and duration of such hostilities
or situation, but in no event shall he report to the Congress less
often than once every six months.
-SOURCE-
(Pub. L. 93-148, Sec. 4, Nov. 7, 1973, 87 Stat. 555.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1544 of this title.
-End-
-CITE-
50 USC Sec. 1544 01/06/03
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 33 - WAR POWERS RESOLUTION
-HEAD-
Sec. 1544. Congressional action
-STATUTE-
(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 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, whichever is earlier, the President shall terminate any use
of United States Armed Forces with respect to which such report was
submitted (or required to be submitted), unless the Congress (1)
has declared war or has enacted a specific authorization for such
use of United States Armed Forces, (2) has extended by law such
sixty-day period, or (3) is physically unable to meet as a result
of an armed attack upon the United States. Such sixty-day period
shall be extended for not more than an additional thirty days if
the President determines and certifies to the Congress in writing
that unavoidable military necessity respecting the safety of United
States Armed Forces requires the continued use of such armed forces
in the course of bringing about a prompt removal of such forces.
(c) Concurrent resolution for removal by President of United States
Armed Forces
Notwithstanding subsection (b) of this section, at any time that
United States Armed Forces are engaged in hostilities outside the
territory of the United States, its possessions and territories
without a declaration of war or specific statutory authorization,
such forces shall be removed by the President if the Congress so
directs by concurrent resolution.
-SOURCE-
(Pub. L. 93-148, Sec. 5, Nov. 7, 1973, 87 Stat. 556.)
-CHANGE-
CHANGE OF NAME
Committee on Foreign Affairs of House of Representatives treated
as referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1545, 1546 of this title.
-End-
-CITE-
50 USC Sec. 1545 01/06/03
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 33 - WAR POWERS RESOLUTION
-HEAD-
Sec. 1545. Congressional priority procedures for joint resolution
or bill
-STATUTE-
(a) Time requirement; referral to Congressional committee; single
report
Any joint resolution or bill introduced pursuant 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 referred to the Committee on Foreign Affairs of the House of
Representatives or the Committee on Foreign Relations of the
Senate, as the case may be, and such committee shall report one
such joint resolution or bill, together with its recommendations,
not later than twenty-four calendar days before the expiration of
the sixty-day period specified in such section, unless such House
shall otherwise determine by the yeas and nays.
(b) 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 proponents 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) of this section and shall be reported out not later than
fourteen calendar days before the expiration of the sixty-day
period 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, conferees shall be promptly appointed and the committee of
conference shall make and file a report with respect to such
resolution or bill not later than four calendar days before the
expiration 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
disagreement. Notwithstanding any rule in either House concerning
the printing of conference 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 the expiration of such
sixty-day period.
-SOURCE-
(Pub. L. 93-148, Sec. 6, Nov. 7, 1973, 87 Stat. 557.)
-CHANGE-
CHANGE OF NAME
Committee on Foreign Affairs of House of Representatives treated
as referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-End-
-CITE-
50 USC Sec. 1546 01/06/03
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 33 - WAR POWERS RESOLUTION
-HEAD-
Sec. 1546. Congressional priority procedures for concurrent
resolution
-STATUTE-
(a) Referral to Congressional committee; single report
Any concurrent resolution introduced pursuant to section 1544(c)
of this title shall be referred to the Committee on Foreign Affairs
of the House of Representatives or the Committee on Foreign
Relations of the Senate, as the case may be, and one such
concurrent resolution shall be reported out by such committee
together 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 proponents 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) of this section 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 concurrent 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 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 48 hours, they shall report back to their respective Houses
in disagreement.
-SOURCE-
(Pub. L. 93-148, Sec. 7, Nov. 7, 1973, 87 Stat. 557.)
-CHANGE-
CHANGE OF NAME
Committee on Foreign Affairs of House of Representatives treated
as referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-End-
-CITE-
50 USC Sec. 1546a 01/06/03
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 33 - WAR POWERS RESOLUTION
-HEAD-
Sec. 1546a. Expedited procedures for certain joint resolutions and
bills
-STATUTE-
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.
-SOURCE-
(Pub. L. 98-164, title X, Sec. 1013, Nov. 22, 1983, 97 Stat. 1062.)
-REFTEXT-
REFERENCES IN TEXT
Section 601(b) of the International Security Assistance and Arms
Export Control Act of 1976, referred to in text, is section 601(b)
of Pub. L. 94-329, title VI, June 30, 1976, 90 Stat. 765, which was
not classified to the Code.
-COD-
CODIFICATION
Section was enacted as part of the Department of State
Authorization Act, Fiscal Years 1984 and 1985, and not as part of
the War Powers Resolution which comprises this chapter.
-End-
-CITE-
50 USC Sec. 1547 01/06/03
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 33 - WAR POWERS RESOLUTION
-HEAD-
Sec. 1547. Interpretation of joint resolution
-STATUTE-
(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 country or government when such military forces are
engaged, or there exists an imminent threat that such forces will
become engaged, in hostilities.
(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.
-SOURCE-
(Pub. L. 93-148, Sec. 8, Nov. 7, 1973, 87 Stat. 558.)
-End-
-CITE-
50 USC Sec. 1548 01/06/03
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 33 - WAR POWERS RESOLUTION
-HEAD-
Sec. 1548. Separability
-STATUTE-
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.
-SOURCE-
(Pub. L. 93-148, Sec. 9, Nov. 7, 1973, 87 Stat. 559.)
-End-
Descargar
Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |