50 U.S.C. § 1550 — Reports and briefings on use of military

Page 142 TITLE 50—WAR AND NATIONAL DEFENSE § 1550 committees of such change, including the legal, factual, and policy justification for such change. (c) Form The report required by subsection (a) and each notice required by subsection (b) shall be sub- mitted in unclassified form, but may contain a classified annex. The unclassified portion of each report shall, at a minimum, include each change made to the legal and policy frameworks during the preceding year and the legal, factual, and policy justifications for such changes, and shall be made available to the public at the same time it is submitted to the appropriate congressional committees. (d) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Com- mittee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (Pub. L. 115–91, div. A, title XII, § 1264, Dec. 12, 2017, 131 Stat. 1689; Pub. L. 116–92, div. A, title XII, § 1261, Dec. 20, 2019, 133 Stat. 1689.) Editorial Notes REFERENCES IN TEXT The Authorization for Use of Military Force, referred to in subsec. (a)(2)(A), is Pub. L. 107–40, Sept. 18, 2001, 115 Stat. 224, which is set out as a note under section 1541 of this title. CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2018, and not as part of the War Powers Resolution which comprises this chapter. AMENDMENTS 2019—Subsec. (a). Pub. L. 116–92, § 1261(1), substituted ‘‘Annual’’ for ‘‘Initial’’ in heading. Subsec. (a)(1). Pub. L. 116–92, § 1261(2), substituted ‘‘March 1 of each year’’ for ‘‘90 days after December 12, 2017’’. Subsec. (a)(2). Pub. L. 116–92, § 1261(3), substituted ‘‘from the preceding year, including—’’ and subpars. (A) and (B) for ‘‘during the period beginning on January 20, 2017, and ending on the date the report is submitted.’’ Subsec. (c). Pub. L. 116–92, § 1261(4), inserted at end ‘‘The unclassified portion of each report shall, at a minimum, include each change made to the legal and policy frameworks during the preceding year and the legal, factual, and policy justifications for such changes, and shall be made available to the public at the same time it is submitted to the appropriate con- gressional committees.’’ § 1550. Reports and briefings on use of military force and support of partner forces (a) In general Not later than 180 days after December 20, 2019, and every 180 days thereafter, the President shall submit to the congressional defense com- mittees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Af- fairs of the House of Representatives a report on actions taken pursuant to the Authorization for Use of Military Force (Public Law 107–40) against those countries or organizations de- scribed in such law, as well as any actions taken to command, coordinate, participate in the movement of, or accompany the regular or ir- regular military forces of any foreign country or government when such forces are engaged in hostilities or in situations where imminent in- volvement in hostilities is clearly indicated by the circumstances, during the preceding 180-day period. (b) Matters to be included The report required by subsection (a) shall in- clude, with respect to the time period for which the report was submitted, the following: (1) A list of each country or organization with respect to which force has been used pur- suant to the Authorization for Use of Military Force, including the legal and factual basis for the determination that authority under such law applies with respect to each such country or organization. (2) An intelligence assessment of the risk to the United States posed by each such country or organization. (3) A list of each country in which oper- ations were conducted pursuant to such law and a description of the circumstances neces- sitating the use of force pursuant to such law, including whether the country is designated as an area of active hostilities. (4) A general description of the status of op- erations conducted pursuant to such law as well as a description of the expected scope and duration of such operations. (5) A list of each partner force and country with respect to which United States Armed Forces have commanded, coordinated, partici- pated in the movement of, or accompanied the regular or irregular forces of any foreign coun- try or government that have engaged in hos- tilities or there existed an imminent threat that such forces would become engaged in hos- tilities, including— (A) a delineation of any such instances in which such United States Armed Forces were or were not operating under the Au- thorization for Use of Military Force; and (B) a determination of whether the foreign forces, irregular forces, groups, or individ- uals against which such hostilities occurred are covered by such law. (6) A description of the actual and proposed contributions, including financing, equipment, training, troops, and logistical support, pro- vided by each foreign country that partici- pates in any international coalition with the United States to combat a country or organi- zation described in the Authorization for Use of Military Force. (c) Form The information required under paragraphs (1) and (2) of subsection (b) shall be submitted in unclassified form. (d) Other reports If United States Armed Forces are introduced into hostilities, or into situations where immi- Page 143 TITLE 50—WAR AND NATIONAL DEFENSE § 1601 nent involvement in hostilities is clearly indi- cated by the circumstances, against any coun- try, organization, or person pursuant to statu- tory or constitutional authorities other than Authorization for Use of Military Force, the President shall comply with the reporting re- quirements under— (1) this section to the same extent and in the same manner as if such actions had been taken under Authorization for Use of Military Force; (2) the War Powers Resolution (50 U.S.C. 1541 et seq.); and (3) any other applicable provision of law. (e) Briefings At least once during each 180-day period de- scribed in subsection (a), the President shall provide to the congressional defense commit- tees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a briefing on the matters covered by the report required under this section for such period. (Pub. L. 116–92, div. A, title XII, § 1285, Dec. 20, 2019, 133 Stat. 1709.) Editorial Notes REFERENCES IN TEXT The Authorization for Use of Military Force, referred to in text, is Pub. L. 107–40, Sept. 18, 2001, 115 Stat. 224, which is set out as a note under section 1541 of this title. The War Powers Resolution, referred to in subsec. (d)(2), is Pub. L. 93–148, Nov. 7, 1973, 87 Stat. 555, which is classified generally to this chapter. For complete classification of this Resolution to the Code, see Short Title note set out under section 1541 of this title and Tables. CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the War Powers Resolution which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘CONGRESSIONAL DEFENSE COMMITTEES’’ DEFINED Congressional defense committees means the Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 116–92, 133 Stat. 1231. See note under section 101 of Title 10, Armed Forces. Executive Documents DELEGATION OF AUTHORITY UNDER SECTION 1285 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2020 Memorandum of President of the United States, July 19, 2021, 86 F.R. 39939, provided: Memorandum for the Secretary of Defense By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of Defense the authority and functions vested in the President by sec- tion 1285(a) through (e) of Public Law 116–92 [50 U.S.C. 1550(a) to (e)] on the use of military force and support of partner forces to the Congress. You are authorized and directed to publish this memorandum in the Federal Register. J.R. BIDEN, JR. CHAPTER 34—NATIONAL EMERGENCIES SUBCHAPTER I—TERMINATING EXISTING DECLARED EMERGENCIES Sec. 1601. Termination of existing declared emer- gencies. SUBCHAPTER II—DECLARATIONS OF FUTURE NATIONAL EMERGENCIES 1621. Declaration of national emergency by Presi- dent; publication in Federal Register; effect on other laws; superseding legislation. 1622. National emergencies. SUBCHAPTER III—EXERCISE OF EMERGENCY POWERS AND AUTHORITIES 1631. Declaration of national emergency by Execu- tive order; authority; publication in Fed- eral Register; transmittal to Congress. SUBCHAPTER IV—ACCOUNTABILITY AND REPORTING REQUIREMENTS OF PRESIDENT 1641. Accountability and reporting requirements of President. SUBCHAPTER V—APPLICATION TO POWERS AND AUTHORITIES OF OTHER PROVISIONS OF LAW AND ACTIONS TAKEN THEREUNDER 1651. Other laws, powers and authorities conferred thereby, and actions taken thereunder; Con- gressional studies. SUBCHAPTER I—TERMINATING EXISTING DECLARED EMERGENCIES § 1601. Termination of existing declared emer- gencies (a) All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in section 105 of title 5, as a result of the existence of any declaration of national emergency in effect on September 14, 1976, are terminated two years from September 14, 1976. Such termination shall not affect— (1) any action taken or proceeding pending not finally concluded or determined on such date; (2) any action or proceeding based on any act committed prior to such date; or (3) any rights or duties that matured or pen- alties that were incurred prior to such date. (b) For the purpose of this section, the words ‘‘any national emergency in effect’’ means a general declaration of emergency made by the President. (Pub. L. 94–412, title I, § 101, Sept. 14, 1976, 90 Stat. 1255.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 94–412, § 1, Sept. 14, 1976, 90 Stat. 1255, pro- vided: ‘‘That this Act [enacting this chapter, amending section 1481 of Title 8, Aliens and Nationality, and sec- tion 2667 of Title 10, Armed Forces, repealing section 249 of Title 12, Banks and Banking, section 831d of Title 16, Conservation, section 1383 of Title 18, Crimes and Criminal Procedure, section 211b of Title 42, The Public Health and Welfare, and section 1742 of the former Ap- pendix to this title, and enacting provisions set out below] may be cited as the ‘National Emergencies Act’.’’