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50 U.S.C. § 1549 — Report on and notice of changes made to

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1549 — Report on and notice of changes made to

Page 141 TITLE 50—WAR AND NATIONAL DEFENSE § 1549 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 deter- mined in accordance with the Rules of the House. (Pub. L. 98–164, title X, § 1013, Nov. 22, 1983, 97 Stat. 1062.) Editorial Notes REFERENCES IN TEXT Section 601(b) of the International Security Assist- ance 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. 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. § 1547. Interpretation of joint resolution (a) Inferences from any law or treaty Authority to introduce United States Armed Forces into hostilities or into situations where- in involvement in hostilities is clearly indicated by the circumstances shall not be inferred— (1) from any provision of law (whether or not in effect before November 7, 1973), including any provision contained in any appropriation Act, unless such provision specifically author- izes the introduction of United States Armed Forces into hostilities or into such situations and states that it is intended to constitute specific statutory authorization within the meaning of this chapter; or (2) from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the intro- duction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statu- tory authorization within the meaning of this chapter. (b) Joint

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Page 141 TITLE 50—WAR AND NATIONAL DEFENSE § 1549 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 deter- mined in accordance with the Rules of the House. (Pub. L. 98–164, title X, § 1013, Nov. 22, 1983, 97 Stat. 1062.) Editorial Notes REFERENCES IN TEXT Section 601(b) of the International Security Assist- ance 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. 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. § 1547. Interpretation of joint resolution (a) Inferences from any law or treaty Authority to introduce United States Armed Forces into hostilities or into situations where- in involvement in hostilities is clearly indicated by the circumstances shall not be inferred— (1) from any provision of law (whether or not in effect before November 7, 1973), including any provision contained in any appropriation Act, unless such provision specifically author- izes the introduction of United States Armed Forces into hostilities or into such situations and states that it is intended to constitute specific statutory authorization within the meaning of this chapter; or (2) from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the intro- duction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statu- tory authorization within the meaning of this chapter. (b) Joint headquarters operations of high-level military commands Nothing in this chapter shall be construed to require any further specific statutory authoriza- tion to permit members of United States Armed Forces to participate jointly with members of the armed forces of one or more foreign coun- tries in the headquarters operations of high- level military commands which were established prior to November 7, 1973, and pursuant to the United Nations Charter or any treaty ratified by the United States prior to such date. (c) Introduction of United States Armed Forces For purposes of this chapter, the term ‘‘intro- duction of United States Armed Forces’’ in- cludes the assignment of members of such armed forces to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such military forces are en- gaged, 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 au- thority of the Congress or of the President, or the provisions of existing treaties; or (2) shall be construed as granting any au- thority to the President with respect to the introduction of United States Armed Forces into hostilities or into situations wherein in- volvement in hostilities is clearly indicated by the circumstances which authority he would not have had in the absence of this chapter. (Pub. L. 93–148, § 8, Nov. 7, 1973, 87 Stat. 558.) § 1548. Separability If any provision of this chapter or the applica- tion 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. (Pub. L. 93–148, § 9, Nov. 7, 1973, 87 Stat. 559.) § 1549. Report on and notice of changes made to the legal and policy frameworks for the United States’ use of military force and re- lated national security operations (a) Annual report (1) In general Not later than March 1 of each year, the President shall submit to the appropriate con- gressional committees a report on the legal and policy frameworks for the United States’ use of military force and related national se- curity operations. (2) Matters to be included The report required by paragraph (1) shall include the legal, factual, and policy justifica- tions for any changes made to such legal and policy frameworks from the preceding year, including— (A) a list of all foreign forces, irregular forces, groups, or individuals for which a de- termination has been made that force could legally be used under the Authorization for Use of Military Force (Public Law 107–40), including— (i) the legal and factual basis for such determination; and (ii) a description of whether force has been used against each such foreign force, irregular force, group, or individual; and (B) the criteria and any changes to the cri- teria for designating a foreign force, irreg- ular force, group, or individual as lawfully targetable, as a high value target, and as formally or functionally a member of a group covered under the Authorization for Use of Military Force. (b) Notice required Not later than 30 days after the date on which a change is made to the legal and policy frame- works described in subsection (a)(1), the Presi- dent shall notify the appropriate congressional Page 142 TITLE 50—WAR AND NATIONAL DEFENSE § 1550 committees of such change, including the legal, factual, and policy justification for such change. (c) Form The report required by subsection (a) and each notice required by subsection (b) shall be sub- mitted in unclassified form, but may contain a classified annex. The unclassified portion of each report shall, at a minimum, include each change made to the legal and policy frameworks during the preceding year and the legal, factual, and policy justifications for such changes, and shall be made available to the public at the same time it is submitted to the appropriate congressional committees. (d) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Com- mittee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (Pub. L. 115–91, div. A, title XII, § 1264, Dec. 12, 2017, 131 Stat. 1689; Pub. L. 116–92, div. A, title XII, § 1261, Dec. 20, 2019, 133 Stat. 1689.) Editorial Notes REFERENCES IN TEXT The Authorization for Use of Military Force, referred to in subsec. (a)(2)(A), is Pub. L. 107–40, Sept. 18, 2001, 115 Stat. 224, which is set out as a note under section 1541 of this title. CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2018, and not as part of the War Powers Resolution which comprises this chapter. AMENDMENTS 2019—Subsec. (a). Pub. L. 116–92, § 1261(1), substituted ‘‘Annual’’ for ‘‘Initial’’ in heading. Subsec. (a)(1). Pub. L. 116–92, § 1261(2), substituted ‘‘March 1 of each year’’ for ‘‘90 days after December 12, 2017’’. Subsec. (a)(2). Pub. L. 116–92, § 1261(3), substituted ‘‘from the preceding year, including—’’ and subpars. (A) and (B) for ‘‘during the period beginning on January 20, 2017, and ending on the date the report is submitted.’’ Subsec. (c). Pub. L. 116–92, § 1261(4), inserted at end ‘‘The unclassified portion of each report shall, at a minimum, include each change made to the legal and policy frameworks during the preceding year and the legal, factual, and policy justifications for such changes, and shall be made available to the public at the same time it is submitted to the appropriate con- gressional committees.’’ § 1550. Reports and briefings on use of military force and support of partner forces (a) In general Not later than 180 days after December 20, 2019, and every 180 days thereafter, the President shall submit to the congressional defense com- mittees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Af- fairs of the House of Representatives a report on actions taken pursuant to the Authorization for Use of Military Force (Public Law 107–40) against those countries or organizations de- scribed in such law, as well as any actions taken to command, coordinate, participate in the movement of, or accompany the regular or ir- regular military forces of any foreign country or government when such forces are engaged in hostilities or in situations where imminent in- volvement in hostilities is clearly indicated by the circumstances, during the preceding 180-day period. (b) Matters to be included The report required by subsection (a) shall in- clude, with respect to the time period for which the report was submitted, the following: (1) A list of each country or organization with respect to which force has been used pur- suant to the Authorization for Use of Military Force, including the legal and factual basis for the determination that authority under such law applies with respect to each such country or organization. (2) An intelligence assessment of the risk to the United States posed by each such country or organization. (3) A list of each country in which oper- ations were conducted pursuant to such law and a description of the circumstances neces- sitating the use of force pursuant to such law, including whether the country is designated as an area of active hostilities. (4) A general description of the status of op- erations conducted pursuant to such law as well as a description of the expected scope and duration of such operations. (5) A list of each partner force and country with respect to which United States Armed Forces have commanded, coordinated, partici- pated in the movement of, or accompanied the regular or irregular forces of any foreign coun- try or government that have engaged in hos- tilities or there existed an imminent threat that such forces would become engaged in hos- tilities, including— (A) a delineation of any such instances in which such United States Armed Forces were or were not operating under the Au- thorization for Use of Military Force; and (B) a determination of whether the foreign forces, irregular forces, groups, or individ- uals against which such hostilities occurred are covered by such law. (6) A description of the actual and proposed contributions, including financing, equipment, training, troops, and logistical support, pro- vided by each foreign country that partici- pates in any international coalition with the United States to combat a country or organi- zation described in the Authorization for Use of Military Force. (c) Form The information required under paragraphs (1) and (2) of subsection (b) shall be submitted in unclassified form. (d) Other reports If United States Armed Forces are introduced into hostilities, or into situations where immi-

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1549 — Report on and notice of changes made to the legal and policy frameworks for the United States’ use of military force and related national security operations

**(a) Annual report** (1) **In general** — Not later than March 1 of each year, the President shall submit to the appropriate congressional committees a report on the legal and policy frameworks for the United States’ use of military force and related national security operations. (2) **Matters to be included** — The report required by paragraph (1) shall include the legal, factual, and policy justifications for any changes made to such legal and policy frameworks from the preceding year, including— (A) a list of all foreign forces, irregular forces, groups, or individuals for which a determination has been made that force could legally be used under the Authorization for Use of Military Force (Public Law 107–40), including— (i) the legal and factual basis for such determination; and (ii) a description of whether force has been used against each such foreign force, irregular force, group, or individual; and (B) the criteria and any changes to the criteria for designating a foreign force, irregular force, group, or individual as lawfully targetable, as a high value target, and as formally or functionally a member of a group covered under the Authorization for Use of Military Force. **(b) Notice required** Not later than 30 days after the date on which a change is made to the legal and policy frameworks described in subsection (a)(1), the President shall notify the appropriate congressional committees of such change, including the legal, factual, and policy justification for such change. **(c) Form** The report required by subsection (a) and each notice required by subsection (b) shall be submitted in unclassified form, but may contain a classified annex. The unclassified portion of each report shall, at a minimum, include each change made to the legal

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