50 U.S.C. § 1541 (WAR AND NATIONAL DEFENSE)
§ 1541. Purpose and policy
(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.
(Pub. L. 93–148, § 2, Nov. 7, 1973, 87 Stat. 555.)
heading: Effective Date
text: Pub. L. 93–148, § 10, Nov. 7, 1973, 87 Stat. 559, provided that: “This joint resolution [enacting this chapter] shall take effect on the date of its enactment [Nov. 7, 1973].”
heading: Short Title
text: Pub. L. 93–148, § 1, Nov. 7, 1973, 87 Stat. 555, provided that: “This joint resolution [enacting this chapter] may be cited as the ‘War Powers Resolution’.”
heading: Report on Responsible Redeployment of United States Armed Forces From Iraq
text: Pub. L. 111–84, div. A, title XII, § 1227, Oct. 28, 2009, 123 Stat. 2525, as amended by Pub. L. 111–383, div. A, title XII, § 1233(a)–(e), Jan. 7, 2011, 124 Stat. 4396, 4397, provided that:
“(a) Report Required.—
Not later than 90 days after the date of the enactment of this Act [Oct. 28, 2009], or December 31, 2010, whichever occurs later, and every 180 days thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report concerning the responsible redeployment of United States Armed Forces from Iraq in accordance with the policy announced by the President on February 27, 2009, and the Agreement Between the United States of America and the Republic of Iraq On the Withdrawal of United States Forces From Iraq and the Organization of Their Activities During Their Temporary Presence in Iraq.
“(b) Elements.—
The report required under subsection (a) shall include the following elements:
“(1) The number of United States military personnel in Iraq by service and component for each month of the preceding 90-day period and an estimate of the personnel levels in Iraq for the 90-day period following submission of the report.
“(2) The number and type of military installations in Iraq occupied by 100 or more United States military personnel and the number of such military installations closed, consolidated, or transferred to the Government of Iraq in the preceding 90-day period.
“(3) An estimate of the number of military vehicles, containers of equipment, tons of ammunition, or other significant items belonging to the Department of Defense removed from Iraq during the preceding 90-day period, an estimate of the remaining amount of such items belonging to the Department of Defense, and an assessment of the likelihood of successfully removing, demilitarizing, or otherwise transferring all items belonging to the Department of Defense from Iraq on or before December 31, 2011.
“(4) An assessment of United States detainee operations and releases. Such assessment should include the total number of detainees held by the United States in Iraq, the number of detainees in each threat level category, the number of detainees who are not nationals of Iraq, the number of detainees transferred to Iraqi authorities, the number of detainees who were released from United States custody and the reasons for their release, and the number of detainees who having been released in the past were recaptured or had their remains identified planning or after carrying out attacks on United States or Coalition forces.
“(5) A listing of the objective and subjective factors utilized by the commander of United States Forces–Iraq, including any changes to that list in the case of an update to the report, to determine risk levels associated with the drawdown of United States Armed Forces, and the process and timing that will be utilized by the commander of United States Forces–Iraq and the Secretary of Defense to assess risk and make recommendations to the President about either continuing the redeployment of United States Armed Forces from Iraq in accordance with the schedule announced by the President or modifying the pace or timing of that redeployment.
“(6) An assessment of progress to transfer responsibility of programs, projects, and activities carried out in Iraq by the Department of Defense to other United States Government departments and agencies, international or nongovernmental entities, or the Government of Iraq. The assessment should include a description of the numbers and categories of programs, projects, and activities for which such other entities have taken responsibility or which have been discontinued by the Department of Defense. The assessment should also include a discussion of any difficulties or barriers in transitioning such programs, projects, and activities and what, if any, solutions have been developed to address such difficulties or barriers.
“(7) An assessment of progress toward the goal of building the minimum essential capabilities of the Ministry of Defense and the Ministry of the Interior of Iraq, including a description of—
“(A) such capabilities both extant and remaining to be developed;
“(B) major equipment necessary to achieve such capabilities;
“(C) the level and type of support provided by the United States to address shortfalls in such capabilities; and
“(D) the level of commitment, both financial and political, made by the Government of Iraq to develop such capabilities, including a discussion of resources used by the Government of Iraq to develop capabilities that the Secretary determines are not minimum essential capabilities for purposes of this paragraph.
“(8) A listing and assessment of the anticipated level and type of support to be provided by United States special operations forces to the Government of Iraq and Iraqi special operations forces during the redeployment of United States conventional forces from Iraq. The assessment should include a listing of anticipated critical support from general purpose forces required by United States special operations forces and Iraqi special operations forces. The assessment should also include combat support, including rotary aircraft and intelligence, surveillance, and reconnaissance assets, combat service support, and contractor support needed through December 31, 2011.
“(c) Secretary of State Comments.—
Prior to submitting the report required under subsection (a), the Secretary of Defense shall provide a copy of the report to the Secretary of State for review. At the request of the Secretary of State, the Secretary of Defense shall include an appendix to the report which contains any comments or additional information that the Secretary of State requests.
“(d) Form.—
The report required under subsection (a) may include a classified annex.
“(e) Appropriate Congressional Committees.—
In this section, the term ‘appropriate congressional committees’ means—
“(1) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and
“(2) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
“(f) Termination.—
The requirement to submit the report required under subsection (a) shall terminate on September 30, 2012.”
heading: United States Policy on Iraq
text: Pub. L. 109–163, div. A, title XII, § 1227, Jan. 6, 2006, 119 Stat. 3465, as amended by Pub. L. 110–181, div. A, title XII, § 1223(a)(1), (b), Jan. 28, 2008, 122 Stat. 373, 374, known as the “United States Policy in Iraq Act”, which required the President to submit reports to Congress on United States policy and military operations in Iraq not later than 90 days after Jan. 6, 2006, and every three months thereafter, until all United States combat brigades had been redeployed from Iraq, and required congressional briefings by senior officials of the Department of Defense subsequent to the submission of each such report, was repealed by Pub. L. 111–383, div. A, title XII, § 1233(f)(1), Jan. 7, 2011, 124 Stat. 4397.
heading: Authorization for Use of Military Force Against Iraq Resolution of 2002
text: 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) [former 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) [former 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.”
heading: Authorization for Use of Military Force Against September 11 Terrorists
text: 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.].”
heading: Limitation on Deployment of Armed Forces in Haiti During Fiscal Year 2000 and Congressional Notice of Deployments to Haiti
text: Pub. L. 106–65, div. A, title XII, § 1232, Oct. 5, 1999, 113 Stat. 788, as amended by Pub. L. 107–107, div. A, title XII, § 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, § 1222, Dec. 28, 2001, 115 Stat. 1253.]”
heading: Involvement of Armed Forces in Haiti
text: 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.”
heading: Involvement of Armed Forces in Somalia
text: Pub. L. 103–160, div. A, title XV, § 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.”
heading: Duration of Authorization for United States Participation in Multinational Force in Somalia
text: Pub. L. 103–139, title VIII, § 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.”
heading: Authorization for Use of Military Force Against Iraq Resolution
text: Pub. L. 102–1, Jan. 14, 1991, 105 Stat. 3, as amended by Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 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.”
heading: Introduction of United States Armed Forces Into Central America for Combat
text: Pub. L. 98–525, title III, § 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, § 101(h) [title VIII, § 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].”
heading: Multinational Force in Lebanon Resolution
text: 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 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.”
heading: Adherence to War Powers Resolution
text: 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 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.”
heading: Delegation of Certain Reporting Authority
text: 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 delegate 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, Public 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 Congress.
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.