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

Te va a interesar