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50 U.S.C. § 1541 — Purpose and policy
Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional declaration** It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.
**(b) Congressional legislative power under necessary and proper clause** Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.
**(c) Presidential executive power as Commander-in-Chief; limitation** The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
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Source file: Laws/federal/codes/united-states-code/title-50/section-1541-purpose-and-policy--cdb72bf808.md
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Source location: Title 50, Chapter 33, § 1541; chapter-033-war-powers-resolution.md
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**(a) Congressional declaration** It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.
**(b) Congressional legislative power under necessary and proper clause** Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.
**(c) Presidential executive power as Commander-in-Chief; limitation** The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Resources Sharing Agreements.—** The Secretary of Defense may enter into an agreement providing for the sharing of resources between facilities of the uniformed services and facilities of a civilian health care provider or providers that the Secretary contracts with under section 1079, 1086, or 1097 of this title if the Secretary determines that such an agreement would result in the delivery of health care to which covered beneficiaries are entitled under this chapter in a more effective, efficient, or economical manner.
**(b) Eligible Resources.—** An agreement entered into under subsection (a) may provide for the sharing of—
(1) personnel (including support personnel);
(2) equipment;
(3) supplies; and
(4) any other items or facilities necessary for the provision of health care services.
**(c) Computation of Charges.—** A covered beneficiary who is a dependent, with respect to care provided to such beneficiary in facilities of the uniformed services under a sharing agreement entered into under subsection (a), shall pay the charges prescribed by [section 1078 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1078&num=0&edition=prelim).
**(d) Reimbursement for License Fees.—** In any case in which it is necessary for a member of the uniformed services to pay a professional license fee imposed by a government in order to provide health care services at a facility of a civilian health care provider pursuant to an agreement entered into under subsection (a), the Secretary of Defense may reimburse the member for up to $500 of the amount of the license fee paid by the member.
**(e) Medical Surge Program.—**
(1) The Secretary of Defense, in collaboration with the Secretary of Health and Human Services, shall carry out a p
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1096
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Department of Defense is an executive department of the United States.
**(b)** The Department is composed of the following:
(1) The Office of the Secretary of Defense.
(2) The Joint Chiefs of Staff.
(3) The Joint Staff.
(4) The Defense Agencies.
(5) Department of Defense Field Activities.
(6) The Department of the Army.
(7) The Department of the Navy.
(8) The Department of the Air Force.
(9) The unified and specified combatant commands.
(10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President.
(11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10).
**(c)** If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 111
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Notwithstanding the provisions of section 12302(a) or any other provision of law, when the President determines that it is necessary to augment the active forces or that it is necessary to provide assistance referred to in subsection (b), he may authorize the Secretary of Defense and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, without the consent of the members concerned, to order any unit, and any member not assigned to a unit organized to serve as a unit of the Selected Reserve (as defined in [section 10143(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10143/a&num=0&edition=prelim)), or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, under their respective jurisdictions, to active duty for not more than 365 consecutive days.
**(b) Support for Responses to Certain Emergencies.—** The authority under subsection (a) includes authority to order a unit or member to active duty to provide assistance in responding to an emergency involving—
(1) a use or threatened use of a weapon of mass destruction; or
(2) a terrorist attack or threatened terrorist attack in the United States that results, or could result, in significant loss of life or property.
**(c) Authority Relating to Significant Cyber Incidents.—** When the Secretary of Defense or the Secretary of the department in which the Coast Guard is operating determines that it is necessary to augment the active armed forces for the response of the Department of Defense or other department under which the Coast Guard is operating, respectively, to a covered incident, such Secretary m
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12304
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** When the Secretary of a military department determines that it is necessary to augment the active forces for a preplanned mission in support of a combatant command, the Secretary may, subject to subsection (b), order any unit of the Selected Reserve (as defined in [section 10143(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10143/a&num=0&edition=prelim)), without the consent of the members, to active duty for not more than 365 consecutive days.
**(b) Limitations.—**
(1)
(A) Except as provided under subparagraph (B), units may be ordered to active duty under this section only if—
(i) the manpower and associated costs of such active duty are specifically included and identified in the defense budget materials for the fiscal year or years in which such units are anticipated to be ordered to active duty; and
(ii) the budget information on such costs includes a description of the mission for which such units are anticipated to be ordered to active duty and the anticipated length of time of the order of such units to active duty on an involuntary basis.
(B) In the event the President’s budget is delivered later than April 1st in the year prior to the year of the mobilization of one or more units under this section, the Secretary concerned may submit to Congress the information required under subparagraph (A) in a separate notice.
(2) Not more than 60,000 members of the reserve components of the armed forces may be on active duty under this section at any one time.
**(c) Exclusion From Strength Limitations.—** Members ordered to active duty under this section shall not be counted in computing authorized strength in members on active duty or total number of members in grade under this title
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12304b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) The Secretary of Defense shall use the procedures prescribed by this section with respect to any operation specified in paragraph (2) that involves—
(A) the deployment (other than for a training exercise) of elements of the armed forces for a purpose other than a purpose for which funds have been specifically provided in advance; or
(B) the provision of humanitarian assistance, disaster relief, or support for law enforcement (including immigration control) for which funds have not been specifically provided in advance.
(2) This section applies to—
(A) any operation the incremental cost of which is expected to exceed $50,000,000; and
(B) any other operation the expected incremental cost of which, when added to the expected incremental costs of other operations that are currently ongoing, is expected to result in a cumulative incremental cost of ongoing operations of the Department of Defense in excess of $100,000,000.
Any operation the incremental cost of which is expected not to exceed $10,000,000 shall be disregarded for the purposes of subparagraph (B).
(3) This section does not provide authority for the President or the Secretary of Defense to carry out any operation, but establishes mechanisms for the Department of Defense by which funds are provided for operations that the armed forces are required to carry out under some other authority.
**(b) Waiver of Requirement To Reimburse Support Units.—**
(1) The Secretary of Defense shall direct that, when a unit of the armed forces participating in an operation described in subsection (a) receives services from an element of the Department of Defense that operates through the Defense Business Operations Fund (or a successor fund), such unit of the armed forces may not be require
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 127a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of any sensitive military operation conducted under this title no later than 48 hours following such operation.
**(b) Procedures.—**
(1) The Secretary of Defense shall establish and submit to the congressional defense committees procedures for complying with the requirements of subsection (a) consistent with the national security of the United States and the protection of operational integrity. The Secretary shall promptly notify the congressional defense committees in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes.
(2) The congressional defense committees shall ensure that committee procedures designed to protect from unauthorized disclosure classified information relating to national security of the United States are sufficient to protect the information that is submitted to the committees pursuant to this section.
(3) In the event of an unauthorized disclosure of a sensitive military operation covered by this section, the Secretary shall ensure, to the maximum extent practicable, that the congressional defense committees are notified immediately of the sensitive military operation concerned. The notification under this paragraph may be verbal or written, but in the event of a verbal notification a written notification shall be provided by not later than 48 hours after the provision of the verbal notification.
**(c) Briefing Requirement.—** The Secretary of Defense shall periodically brief the congressional defense committees on Department of Defense personnel and equipment assigned to sensitive military operations, including Department of Defense support to such operations conducted un
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 130f
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense shall develop, prepare, and coordinate; make ready all armed forces for purposes of; and, when appropriately authorized to do so, conduct, military cyber activities or operations in cyberspace, including clandestine military activities or operations in cyberspace, to defend the United States and its allies, including in response to malicious cyber activity carried out against the United States or a United States person by a foreign power.
**(b) Affirmation of Authority.—** Congress affirms that the activities or operations referred to in subsection (a), when appropriately authorized, include the conduct of military activities or operations in cyberspace short of hostilities (as such term is used in the War Powers Resolution (Public Law 93–148; [50 U.S.C. 1541](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1541&num=0&edition=prelim) et seq.)) or in areas in which hostilities are not occurring, including for the purpose of preparation of the environment, information operations, force protection, and deterrence of hostilities, or counterterrorism operations involving the Armed Forces of the United States.
**(c) Clandestine Activities or Operations.—** A clandestine military activity or operation in cyberspace shall be considered a traditional military activity for the purposes of section 503(e)(2) of the National Security Act of 1947 ([50 U.S.C. 3093(e)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3093/e/2&num=0&edition=prelim)).
**(d) Congressional Oversight.—** The Secretary shall brief the congressional defense committees about any military activities or operations in cyberspace, including clandestine military activities or operations in cyberspace, occurrin
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 394
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in subsection (d), the Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of any sensitive military cyber operation conducted under this title no later than 48 hours following such operation.
**(b) Procedures.—**
(1) The Secretary of Defense shall establish and submit to the congressional defense committees procedures for complying with the requirements of subsection (a) consistent with the national security of the United States and the protection of operational integrity. The Secretary shall promptly notify the congressional defense committees in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes.
(2) The congressional defense committees shall ensure that committee procedures designed to protect from unauthorized disclosure classified information relating to national security of the United States are sufficient to protect the information that is submitted to the committees pursuant to this section.
(3) In the event of an unauthorized disclosure of a sensitive military cyber operation covered by this section, the Secretary shall ensure, to the maximum extent practicable, that the congressional defense committees are notified immediately of the sensitive military cyber operation concerned. The notification under this paragraph may be verbal or written, but in the event of a verbal notification a written notification, signed by the Secretary, or the Secretary’s designee, shall be provided by not later than 48 hours after the provision of the verbal notification.
**(c) Sensitive Military Cyber Operation Defined.—**
(1) In this section, the term “sensitive military cyber operation” means an action described in paragraph (2) that—
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 395
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in subsection (c), the Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of the following:
(1) With respect to a cyber capability that is intended for use as a weapon, on a quarterly basis, the aggregated results of all reviews of the capability for legality under international law pursuant to Department of Defense Directive 5000.01 carried out by any military department concerned.
(2) The use as a weapon of any cyber capability that has been approved for such use under international law by a military department no later than 48 hours following such use.
**(b) Procedures.—**
(1) The Secretary of Defense shall establish and submit to the congressional defense committees procedures for complying with the requirements of subsection (a) consistent with the national security of the United States and the protection of operational integrity. The Secretary shall promptly notify the congressional defense committees in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes.
(2) The congressional defense committees shall ensure that committee procedures designed to protect from unauthorized disclosure classified information relating to national security of the United States are sufficient to protect the information that is submitted to the committees pursuant to this section.
(3) In the event of an unauthorized disclosure of a cyber capability covered by this section, the Secretary shall ensure, to the maximum extent practicable, that the congressional defense committees are notified immediately of the cyber capability concerned. The notification under this paragraph may be verbal or written, but in the event of a verbal notification a writ
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 396
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