50 U.S.C. § 1543 — Reporting requirement

Page 138 TITLE 50—WAR AND NATIONAL DEFENSE § 1542 Armed Forces participation in the Multinational Force in Lebanon if circumstances warrant, and nothing in this joint resolution shall preclude the Congress by joint resolution from directing such a withdrawal. ‘‘(b) Nothing in this joint resolution modifies, limits, or supersedes any provision of the War Powers Resolu- tion [50 U.S.C. 1541 et seq.] or the requirement of sec- tion 4(a) of the Lebanon Emergency Assistance Act of 1983, relating to congressional authorization for any substantial expansion in the number or role of United States Armed Forces in Lebanon. ‘‘CONGRESSIONAL PRIORITY PROCEDURES FOR AMENDMENTS ‘‘SEC. 8. (a) Any joint resolution or bill introduced to amend or repeal this Act shall be referred to the Com- mittee on Foreign Affairs of the House of Representa- tives or the Committee on Foreign Relations of the Senate, as the case may be. Such joint resolution or bill shall be considered by such committee within fif- teen calendar days and may be reported out, together with its recommendations, unless such House shall oth- erwise determine pursuant to its rules. ‘‘(b) Any joint resolution or bill so reported shall be- come the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the oppo- nents) and shall be voted on within three calendar days thereafter, unless such House shall otherwise deter- mine by the yeas and nays. ‘‘(c) Such a joint resolution or bill passed by one House shall be referred to the committee of the other House named in subsection (a) and shall be reported out by such committee together with its recommendations within fifteen calendar days and shall thereupon be- come the pending business of such House and shall be voted upon within three calendar days, unless such House shall otherwise determine by the yeas and nays. ‘‘(d) In the case of any disagreement between the two Houses of Congress with respect to a joint resolution or bill passed by both Houses, conferees shall be promptly appointed and the committee of conference shall make and file a report with respect to such joint resolution within six calendar days after the legislation is referred to the committee of conference. Notwithstanding any rule in either House concerning the printing of con- ference reports in the Record or concerning any delay in the consideration of such reports, such report shall be acted on by both Houses not later than six calendar days after the conference report is filed. In the event the conferees are unable to agree within forty-eight hours, they shall report back to their respective Houses in disagreement.’’ ADHERENCE TO WAR POWERS RESOLUTION Pub. L. 96–342, title X, § 1008, Sept. 8, 1980, 94 Stat. 1122, provided that: ‘‘Whereas, the National Command Authority must have the capacity to carry out any military mission which is essential to the national se- curity of the United States having in its hands in the Rapid Deployment Force an increased capability to ex- tend the reach of our military power in an expedited manner; and whereas, without the significant safeguard of the War Powers Resolution (Public Law 93–148) [this chapter], United States foreign and defense policies could be subject to misinterpretation; it is therefore the sense of the Congress that the provisions of the War Powers Resolution be strictly adhered to and that the congressional consultation process specified by such Resolution be utilized strictly according to the terms of the War Powers Resolution.’’ Executive Documents DELEGATION OF CERTAIN REPORTING AUTHORITY Memorandum of President of the United States, July 2, 2004, 69 F.R. 43723, provided: Memorandum for the Secretary of State By the authority vested in me as President by the Constitution and laws of the United States, including section 301 of title 3, United States Code, I hereby dele- gate to you the functions and authority conferred upon the President by section 4 of the Authorization for Use of Military Force Against Iraq Resolution of 2002, Pub- lic Law 107–243 [set out in a note above], and by section 3 of the Authorization for Use of Military Force Against Iraq Resolution, Public Law 102–1 [set out in a note above], to make the specified reports to the Con- gress. You are authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH. § 1542. Consultation; initial and regular consulta- tions The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into sit- uations where imminent involvement in hos- tilities is clearly indicated by the cir- cumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer en- gaged in hostilities or have been removed from such situations. (Pub. L. 93–148, § 3, Nov. 7, 1973, 87 Stat. 555.) § 1543. Reporting requirement (a) Written report; time of submission; cir- cumstances necessitating submission; infor- mation reported In the absence of a declaration of war, in any case in which United States Armed Forces are introduced— (1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances; (2) into the territory, airspace or waters of a foreign nation, while equipped for combat, ex- cept for deployments which relate solely to supply, replacement, repair, or training of such forces; or (3) in numbers which substantially enlarge United States Armed Forces equipped for com- bat already located in a foreign nation; the President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a re- port, in writing, setting forth— (A) the circumstances necessitating the in- troduction of United States Armed Forces; (B) the constitutional and legislative au- thority under which such introduction took place; and (C) the estimated scope and duration of the hostilities or involvement. (b) Other information reported The President shall provide such other infor- mation as the Congress may request in the ful- fillment of its constitutional responsibilities with respect to committing the Nation to war and to the use of United States Armed Forces abroad. (c) Periodic reports; semiannual requirement Whenever United States Armed Forces are in- troduced into hostilities or into any situation described in subsection (a) of this section, the President shall, so long as such armed forces continue to be engaged in such hostilities or sit- Page 139 TITLE 50—WAR AND NATIONAL DEFENSE § 1544 uation, 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. (Pub. L. 93–148, § 4, Nov. 7, 1973, 87 Stat. 555.) § 1543a. Report on hostilities involving United States Armed Forces (a) In general Not later than 48 hours after any incident in which the United States Armed Forces are in- volved in an attack or hostilities, whether in an offensive or defensive capacity, the President shall transmit 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 the incident, unless the President— (1) otherwise reports the incident within 48 hours pursuant to section 1543 of this title; or (2) has determined prior to the incident, and so reported pursuant to section 1549 of this title, that the United States Armed Forces in- volved in the incident would be operating under specific statutory authorization within the meaning of section 1544(b) of this title. (b) Matters to be included Each report required by subsection (a) shall include— (1) the authority or authorities under which the United States Armed Forces were oper- ating when the incident occurred; (2) the date, location, and duration of the in- cident and the other parties involved; (3) a description of the United States Armed Forces involved in the incident and the mis- sion of such Armed Forces; (4) the numbers of any combatant casualties and civilian casualties that occurred as a re- sult of the incident; and (5) any other information the President de- termines appropriate. (Pub. L. 118–31, div. A, title XII, § 1230, Dec. 22, 2023, 137 Stat. 457.) Editorial Notes CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2024, and not as part of the War Powers Resolution which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘CONGRESSIONAL DEFENSE COMMITTEES’’ DEFINED Congressional defense committees means the Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 118–31, 137 Stat. 164. See note under section 101 of Title 10, Armed Forces. Executive Documents DELEGATION OF AUTHORITY UNDER SECTION 1230 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2024 Memorandum of President of the United States, Feb. 16, 2024, 89 F.R. 13261, provided: Memorandum for the Secretary of State[,] the Sec- retary of Defense[, and] the Attorney General By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of Defense, in consultation with the Secretary of State and, as appro- priate, the Attorney General, the authority to transmit to certain congressional committees the report re- quired by section 1230 of the National Defense Author- ization Act for Fiscal Year 2024 (Public Law 118–31) [50 U.S.C. 1543a]. The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as the provision referenced in this memorandum. The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register. J.R. BIDEN, JR. § 1544. Congressional action (a) Transmittal of report and referral to Congres- sional committees; joint request for con- vening Congress Each report submitted pursuant to section 1543(a)(1) of this title shall be transmitted to the Speaker of the House of Representatives and to the President pro tempore of the Senate on the same calendar day. Each report so transmitted shall be referred to the Committee on Foreign Affairs of the House of Representatives and to the Committee on Foreign Relations of the Sen- ate for appropriate action. If, when the report is transmitted, the Congress has adjourned sine die or has adjourned for any period in excess of three calendar days, the Speaker of the House of Representatives and the President pro tempore of the Senate, if they deem it advisable (or if pe- titioned by at least 30 percent of the member- ship of their respective Houses) shall jointly re- quest the President to convene Congress in order that it may consider the report and take appropriate action pursuant to this section. (b) Termination of use of United States Armed Forces; exceptions; extension period Within sixty calendar days after a report is submitted or is required to be submitted pursu- ant to section 1543(a)(1) of this title, whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has de- clared war or has enacted a specific authoriza- tion for such use of United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writ- ing that unavoidable military necessity respect- ing the safety of United States Armed Forces re- quires 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 Presi- dent of United States Armed Forces Notwithstanding subsection (b), 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