§ 1541. Purpose and policy

§ 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 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.

(Pub. L. 93–148, § 2, Nov. 7, 1973, 87 Stat. 555.)

Statutory Notes and Related Subsidiaries

Effective Date

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].”

Short Title

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’.”

Rule of Construction on the Permanent Stationing of United States Armed Forces in Somalia

Pub. L. 116–92, div. A, title XII, § 1271, Dec. 20, 2019, 133 Stat. 1698, provided that: “Nothing in this Act [see Tables for classification] may be construed to authorize the permanent stationing of members of the Armed Forces in Somalia.”

Report on Responsible Redeployment of United States Armed Forces From Iraq

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.”

United States Policy on Iraq

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.

Authorization for Use of Military Force Against Iraq Resolution of 2002