50 U.S.C. § 1544

Congressional action

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(a) Transmittal of report and referral to Congressional committees; joint request for convening Congress

Each report submitted pursuant to section 1543(a)(1) of this title shall be transmitted to the Speaker of the House of Representatives and to the President pro tempore of the Senate on the same calendar day. Each report so transmitted shall be referred to the Committee on Foreign Affairs of the House of Representatives and to the Committee on Foreign Relations of the Senate for appropriate action. If, when the report is transmitted, the Congress has adjourned sine die or has adjourned for any period in excess of three calendar days, the Speaker of the House of Representatives and the President pro tempore of the Senate, if they deem it advisable (or if petitioned by at least 30 percent of the membership of their respective Houses) shall jointly request the President to convene Congress in order that it may consider the report and take appropriate action pursuant to this section.

(b) Termination of use of United States Armed Forces; exceptions; extension period

Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 1543(a)(1) of this title, whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces.

Notwithstanding subsection (b), at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs by concurrent resolution.

(Pub. L. 93–148, § 5, Nov. 7, 1973, 87 Stat. 556.)

Notes of Decisions

Cited in 23 cases, 1980–2019 · leading case: Immigr. & Naturalization Serv. v. Chadha, 462 U.S. 919 (1983).

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Immigr. & Naturalization Serv. v. Chadha, 462 U.S. 919 (1983). · cites it 2× “The *971 key provision of the War Powers Resolution, 50 U. S. C. § 1544 (c), authorizes the termination by concurrent resolution of the use of armed forces in hostilities.”

Campbell, Tom v. Clinton, William J., 203 F.3d 19 (D.C. Cir. 2000). · cites it 3× “” 50 U.S.C. § 1544 (b). The Senate, on March 23, 1999, passed a concurrent resolution providing that “the President of the United States is authorized to conduct military air operations and missile strikes in cooperation with our NATO allies against the Federal Republic of…”

El-Shifa Pharm. Indus. Co. v. United States, 607 F.3d 836 (D.C. Cir. 2010). · cites it 2× “See 50 U.S.C. § 1544 (b). Given that no cause of action exists here, the political question and Article II issues in this case have an abstract and hypothetical air to them.”

Weslowski v. Zugibe, 14 F. Supp. 3d 295 (S.D.N.Y. 2014). · cites it 2× “The WSLA provides that, [w]hen the United States is at war or Congress has enacted a specific authorization for the use of the Armed Forces, as described in [ 50 U.S.C. § 1544 (b) ], the running of any statute of limitations applicable to any offense (1) involving fraud or…”

Crockett v. Reagan, 558 F. Supp. 893 (D.D.C. 1982). · cites it 2× “” WPR § 5(b), 50 U.S.C. § 1544 (b), emphasis added.) Thus, according to the plaintiffs, after 62 days (60 days plus the 48 hours before a report is required), whether or not a report has been made, the President is required to withdraw the Armed Forces if Congress has not…”

Consum. Energy Council of Am. v. Fed. Energy Regulatory Comm'n, 673 F.2d 425 (D.C. Cir. 1982). · cites it 2× “, 50 U.S.C. § 1544 (c) (1976) (War Powers Resolution) (presidential authority to use armed forces without declaration of war or specific statutory authorization may be terminated by concurrent resolution); id.”

Campbell v. Clinton, 52 F. Supp. 2d 34 (D.D.C. 1999). · cites it 2× “50 U.S.C. § 1544 (b). The President may extend the sixty day period an additional thirty days if he determines and certifies in writing to the Congress that the continued use of forces for the additional time is necessary to safely remove the United States Armed Forces.”

United States v. BNP Paribas SA, 884 F. Supp. 2d 589 (S.D. Tex. 2012). “In support of this conclusion the court observed that “[e]ach authorization specifically states that it 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)].’” Id. at 450 (citing AUMF…”

United States v. Prosperi, 573 F. Supp. 2d 436 (D. Mass. 2008). “The proposed amendment states, inter alia, that "[f]or purposes of applying such definitions in this section, the term 'war includes a specific authorization for the use of Armed Forces, as described in section 5(b) of the War Powers Resolution ( 50 U.S.C. § 1544 (b)).” See 2007…”

United States Ex Rel. Shemesh v. CA, Inc., 89 F. Supp. 3d 36 (D.D.C. 2015). “In relevant part, the WSLA provides: When the United States is at war or Congress has enacted a specific authorization for the use of the Armed Forces, as described in section 5(b) of the War Powers Resolution ( 50 U.S.C. § 1544 (b)), the running of any statute of limitations…”

Padilla v. Rumsfeld, 352 F.3d 695 (2d Cir. 2003). “50 U.S.C. § 1544 (b). It is unlikely — indeed, inconceivable — that Congress would expressly provide in the Joint Resolution an authorization required by the War Powers Resolution but, at the same time, leave unstated and to inference something so significant and unprecedented…”

Ange v. Bush, 752 F. Supp. 509 (D.D.C. 1990). “50 U.S.C. § 1544 (b). The various constitutional provisions cited by both parties to support their positions regarding the respective war powers of the executive and legislative branches, are set forth below.”

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— 50 U.S.C. § 1544(b) — 1 case

Authorization for Continuing Hostilities in Kosovo (OLC 2000).

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