50 U.S.C. § 1544
Congressional action
(a) Transmittal of report and referral to Congressional committees; joint request for convening CongressEach 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 periodWithin 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.
(c) Concurrent resolution for removal by President of United States Armed ForcesNotwithstanding 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
United States v. Merkel, 357 F. Supp. 3d 1060 (D. Or. 2019).
“In 2008, the WSLA was amended to apply not only when the United States was at war but also "whenever 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.”
United States v. Whyte, 229 F. Supp. 3d 484 (W.D. Va. 2017).
“(2006 ed.) In 2008, however, this provision was made to apply as well whenever Congress had enacted ‘a specific authorization for the use of the Armed Forces, as described in section 5(b) of the War Powers Resolutions ( 50 U.”
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…”
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…”
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…”
Whitney v. Obama, 845 F. Supp. 2d 136 (D.D.C. 2012).
“2011) (citing 50 U.S.C. § 1544 ). 2 . This opinion assumes that Whitney had standing to sue in the first instance.”
Kucinich v. Obama, 821 F. Supp. 2d 110 (D.D.C. 2011).
“50 U.S.C. § 1544 ; see also Compl. ¶ 130.”
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.”
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…”
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…”
— 50 U.S.C. § 1544(b) — 1 case
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