TITLE 50. WAR AND NATIONAL DEFENSE

CHAPTER 33. WAR POWERS RESOLUTION

UNITED STATES CODE SERVICE
50 USCS § 1541

August 21, 2002

Purpose and Policy

(a) Congressional declaration. It is the purpose of this joint resolution [50 USCS §§ 1541 et seq.] 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.

History

(Nov. 7, 1973, P.L. 93-148, § 2, 87 Stat. 555.)

HISTORY; ANCILLARY LAWS AND DIRECTIVES

Effective date of section:

Act Nov. 7, 1973, P.L. 93-148, § 10, 87 Stat. 559, provided: "This joint resolution [50 USCS §§ 1541 et seq.] shall take effect on the date of its enactment.".

Short Titles:

Act Nov. 7, 1973, P.L. 93-148, § 1, 87 Stat. 555, provided: "This joint resolution [50 USCS §§ 1541 et seq.] may be cited as the 'War Powers Resolution'.".

Other provisions:

Adherence to the War Powers Resolution. Act Sept. 8, 1980, P.L. 96-342, Title X, § 1008, 94 Stat. 1122, provided: "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) [50 USCS §§ 1541 et seq.], 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 [50 USCS §§ 1541 et seq.] 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 [50 USCS §§ 1541 et seq.].".

Multinational Force in Lebanon Resolution. Act Oct. 12, 1983, P.L. 98-119, 97 Stat. 805, provides:

Section 1 [Short title]. This joint resolution may be cited as the 'Multinational Force in Lebanon Resolution'.

Sec. 2 [Findings and purpose]. (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.

(b) The Congress determines that the requirements of section 4(a)(1) of the War Powers Resolution [50 USCS § 1543(a)(1)] became operative on August 29, 1983. Consistent with section 5(b) of the War Powers Resolution [50 USCS § 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.

Sec. 3 [Authorization for continued participation of United States armed forces in the Multinational Force in Lebanon]. The President is authorized, for purposes of section 5(b) of the War Powers Resolution [50 USCS § 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.

Sec. 4 [Reports to the Congress]. As required by section 4(c) of the War Powers Resolution [50 USCS § 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.

Sec. 5 [Statements of policy]. (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 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.

Sec. 6 [Duration of authorization for United States participation in the Multinational Force in Lebanon]. The participation of United States Armed Forces in the Multinational Force in Lebanon shall be authorized for purposes of the War Powers Resolution [50 USCS §§ 1541 et seq.] until the end of the eighteen-month period beginning on the date of enactment of this resolution 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.

Sec. 7 [Interpretation of this resolution]. (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 or the requirement of section 4(a) of the Lebanon Emergency Assistance Act of 1983 [unclassified], relating to congressional authorization for any substantial expansion in the number or role of United States Armed Forces in Lebanon.

Sec. 8 [Congressional priority procedures for amendments]. (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.".

Congressional findings on introduction of United States Armed Forces into Central America for combat; President should consult with Congress. Act Oct. 12, 1984, P.L. 98-473, Title I, § 101(h), 98 Stat. 1942, provides:

(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.".

Sense of Congress concerning introduction of United States Armed Forces into Central America for combat. Act Oct. 19, 1984, P.L. 98-525, Title III, § 310, 98 Stat. 2516, provides:

(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 [50 USCS §§ 1541 et seq.].".

Authorization for use of military force against Iraq. Act Jan. 14, 1991, P.L. 102-1, 105 Stat. 3; Nov. 29, 1999, P.L. 106-113, Div B, § 1000(a)(7), 113 Stat. 1536 (enacting into law § 207 of Subtitle A of Title II of H.R. 3427 (113 Stat. 1501A-422), as introduced on Nov. 17, 1999), provides:

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 USCS § 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 USCS § 1544(b)].

(2) Applicability of other requirements. Nothing in this resolution supersedes any requirement of the War Powers Resolution [50 USCS §§ 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.".

Congressional findings on Operation Restore Hope; approved uses of United States Armed Forces in Somalia. Act Nov. 11, 1993, P.L. 103-139, Title VIII, § 8150, 107 Stat. 1475, provides:

(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.".

Involvement of Armed Forces in Somalia. Act Nov. 30, 1993, P.L. 103-160, Div A, Title XV, Subtitle B, § 1512, 107 Stat. 1840, provides:

(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.".

United States policy toward Haiti. Act Oct. 25, 1994, P.L. 103-423, 108 Stat. 4358, provides:

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 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.".

Limitation on deployment of Armed Forces in Haiti during fiscal year 2000 and congressional notice of deployments to Haiti. Act Oct. 5, 1999, P.L. 106-65, Div A, Title XII, Subtitle D, § 1232, 113 Stat. 788; Dec. 28, 2001, P.L. 107-107, Div A, Title XII, Subtitle C, § 1222, 115 Stat. 1253, provides:

(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]".

Authorization for use of military force against those responsible for attacks launched against United States on Sept. 11, 2001. Act Aug. 18, 2001, P.L. 107-40, 115 Stat. 224, provides:

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 USCS § 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 USCS § 1544(b)].

(2) Applicability of other requirements. Nothing in this resolution supercedes any requirement of the War Powers Resolution [50 USCS §§ 1541 et seq.].".

Notes

RESEARCH GUIDE Am Jur:

78 Am Jur 2d, War § 14.

Law Review Articles:

Schlesinger. Who Makes War--And How. 63 American Bar Association J 78, January, 1977.

Franck. After the Fall: The New Procedural Framework for Congressional Control Over the War Power. 71 American Journal of International Law 605, October, 1977.

Lobel. The Rise and Decline of the Neutrality Act: Sovereignty and Congressional War Powers in United States Foreign Policy. 24 Harv Int L J 1, Summer, 1983.

King, Leavens. Curbing the Dog of War: The War Powers Resolution. 18 Harvard International L J 55, Winter, 1977.

"Time of War" and the War Powers Resolution. 49 Ind L J 435, Spring, 1974.

Presidential Power to Make War. 7 Ind L Rev 900, 1974.

Sofaer. Presidency, War, and Foreign Affairs: Practice Under the Framers. 40 Law and Contemporary Problems 12, Spring, 1976.

Allison. Making War: The President and Congress. 40 Law and Contemporary Problems 86, Summer, 1976.

1973 War Powers Legislation: Congress Reasserts Its Warmaking Power. 5 Loyola U L J (Chicago) 83, Winter, 1974.

Glennon. Strengthening the War Powers Resolution: The Case for Purse-Strings Restrictions. 60 Minn L Rev 1.

Emerson. War Powers Resolution Tested: The President's Independent Defense Power. 51 Notre Dame L Rev 187, December, 1975.

Recapture of the SS Mayaguez: Failure of the Consultation Clause of the War Powers Resolution. 8 NYU Journal of International Law and Politics 457, Winter, 1976.

Eagleton. August 15 Compromise and the War Powers of Congress. 18 St. Louis U L J 1, Fall, 1973.

Firmage, War Powers and the Political Question Doctrine. 59 U of Colorado L Rev 65, Fall, 1977.

Gilbert. President's Power to Make War. 42 UMKC L Rev 158, Winter, 1973.

Berger. Tug-of-War Between Congress and the Presidency--Foreign Policy and the Power to Make War. 16 Washburn L J 1, Fall, 1976.

INTERPRETIVE NOTES AND DECISIONS

1.Generally 2.Private right of action

1.Generally

Court properly declines jurisdiction over suit by congressman against president and cabinet members for declaratory judgment that presence of advisors in El Salvador is illegal, since it would involve factual determination of situation in El Salvador beyond court's means. Crockett v Reagan (1982, DC Dist Col) 558 F Supp 893, affd (1983) 232 US App DC 128, 720 F2d 1355, cert den (1984) 467 US 1251, 82 L Ed 2d 839, 104 S Ct 3533.

Action brought by 26 members of U.S. House of Representatives seeking declaration that President has violated War Powers Resolution (50 USCS §§ 1541 et seq.) in assisting air offensive against Yugoslavia is dismissed for lack of standing, where various and inconsistent votes show at most that Congress is divided about its position on President's actions and President has continued with air strikes in face of that divide, because, absent clear impasse between executive and legislative branches, resort to judicial branch is inappropriate. Campbell v Clinton (1999, DC Dist Col) 52 F Supp 2d 34.

2.Private right of action

Private right of action for damages for violation of War Powers Resolution (50 USCS §§ 1541 et seq.), Hughes-Ryan amendment (50 USCS § 413), or National Security Act of 1947 (50 USCS §§ 401 et seq.) cannot be implied. Sanchez-Espinoza v Reagan (1985) 248 US App DC 146, 770 F2d 202.

Where standing obstacles can be overcome, suits seeking relief other than money damages for Executive violation of War Powers Resolution (50 USCS §§ 1541 et seq.), Hughes-Ryan amendment (50 USCS § 413, and National Security Act of 1947 (50 USCS §§ 401 et seq.) may be brought under judicial review provision of Administrative Procedure Act (5 USCS § 702). Sanchez-Espinoza v Reagan (1985) 248 US App DC 146, 770 F2d 202.

Congressmen lacked standing to challenge President's action in directing U.S. forces' participation in NATO campaign in Yugoslavia as violation of war powers resolution and war powers clause of Constitution, since their dispute was susceptible of political resolution; Congress has broad range of legislative authority it can use to stop President's war making. Campbell v Clinton (2000, App DC) 203 F3d 19.