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Title 50 — War and National Defense

Chapter 33 — War Powers Resolution

§ 1549. Report on and notice of changes made to the legal and policy frameworks for the United States’ use of military force and related national security operations

Statutory text

(a)

Annual report

(1)

In general

Not later than March 1 of each year, the President shall submit to the appropriate congressional committees a report on the legal and policy frameworks for the United States’ use of military force and related national security operations.

(2)

Matters to be included

The report required by paragraph (1) shall include the legal, factual, and policy justifications for any changes made to such legal and policy frameworks from the preceding year, including—

(A)

a list of all foreign forces, irregular forces, groups, or individuals for which a determination has been made that force could legally be used under the Authorization for Use of Military Force (Public Law 107–40), including—

(i)

the legal and factual basis for such determination; and

(ii)

a description of whether force has been used against each such foreign force, irregular force, group, or individual; and

(B)

the criteria and any changes to the criteria for designating a foreign force, irregular force, group, or individual as lawfully targetable, as a high value target, and as formally or functionally a member of a group covered under the Authorization for Use of Military Force.

(b)

Notice required

Not later than 30 days after the date on which a change is made to the legal and policy frameworks described in subsection (a)(1), the President shall notify the appropriate congressional 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 submitted 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 defined

In this section, the term “appropriate congressional committees” means—

(1)

the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. A title XII § 1264 · 131 Stat. 1283

    Enacted · 50 U.S.C. § 1549

    Pub. L. 115–91, div. A, title XII, § 1264, Dec. 12, 2017, 131 Stat. 1689

    Source evidence

    Code source credit
    Pub. L. 115–91, div. A, title XII, § 1264, Dec. 12, 2017, 131 Stat. 1689

    Enacted provision · exact public law section
    SEC. 1264. REPORT ON AND NOTICE OF CHANGES MADE TO THE LEGAL AND POLICY FRAMEWORKS FOR THE UNITED STATES’ USE OF MILITARY FORCE AND RELATED NATIONAL SECURITY OPERATIONS. (a) Initial Report.— (1) In general.— Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the legal and policy frameworks for the United States’ use of military force and related national security operations. (2) Matters to be included.— The report required by paragraph (1) shall include the legal, factual, and policy justifications for any changes made to such legal and policy frameworks during the period beginning on January 20, 2017, and ending on the date the report is submitted. (b) Notice Required.— Not later than 30 days after the date on which a change is made to the legal and policy frameworks described in subsection (a)(1), the President shall notify the appropriate congressional 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 submitted in unclassified form, but may contain a classified annex. (d) Appropriate Congressional Committees Defined.— In this section, the term “appropriate congressional committees” means— (1) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee 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.

  2. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1261(1) · 133 Stat. 1198

    Substituted · 50 U.S.C. § 1549(a)

    Pub. L. 116–92, § 1261(1), substituted “Annual” for “Initial” in heading

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–92, § 1261(1), substituted “Annual” for “Initial” in heading.

    Enacted provision · exact public law section
    (1) in the heading for subsection (a), by striking “Initial” and inserting “Annual”;

  3. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1261(2) · 133 Stat. 1198

    Substituted · 50 U.S.C. § 1549(a)(1)

    Pub. L. 116–92, § 1261(2), substituted “March 1 of each year” for “90 days after December 12, 2017”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 116–92, § 1261(2), substituted “March 1 of each year” for “90 days after December 12, 2017”.

    Enacted provision · exact public law section
    (2) in subsection (a)(1), by striking “90 days after the date of the enactment of this Act” and inserting “March 1 of each year”;

  4. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1261(3) · 133 Stat. 1198

    Substituted · 50 U.S.C. § 1549(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (3) in subsection (a)(2), by striking “during the period” and all that follows to the end and inserting: “from the preceding year, including— “(A) a list of all foreign forces, irregular forces, groups, or individuals for which a determination has been made that force could legally be used under the Authorization for Use of Military Force (Public Law 107–40), including— “(i) the legal and factual basis for such determination; and “(ii) a description of whether force has been used against each such foreign force, irregular force, group, or individual; and “(B) the criteria and any changes to the criteria for designating a foreign force, irregular force, group, or individual as lawfully targetable, as a high value target, and as formally or functionally a member of a group covered under the Authorization for Use of Military Force.” ; and

  5. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1261(4) · 133 Stat. 1198

    Inserted · 50 U.S.C. § 1549(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 congressional committees.”

    Source evidence

    Code amendment note
    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 congressional committees.”

    Enacted provision · exact public law section
    (4) in subsection (c), by adding at the end the following: “The unclassified Public information. 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.”.

5 of 5 references resolved to an enrolled provision

Editorial Notes

References in Text

The Authorization for Use of Military Force, referred to in subsec. (a)(2)(A), is Pub. L. 107–40, , 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 ”.

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 , 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 congressional committees.”

Credits

2017–2019 · 2 acts
  1. 2017Pub. L. 115–91, div. A, title XII, § 1264, , 131 Stat. 1689
  2. 2019Pub. L. 116–92, div. A, title XII, § 1261, , 133 Stat. 1689.
Show as published

(Pub. L. 115–91, div. A, title XII, § 1264, , 131 Stat. 1689; Pub. L. 116–92, div. A, title XII, § 1261, , 133 Stat. 1689.)

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