§ 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.
(c) Presidential power. The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities 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.
§ 1542. Consultation
The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situations.
§ 1543. Reporting requirement
(a) In the absence of a declaration of war, in any case in which United States Armed Forces are introduced—
(1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances;
(2) into the territory, airspace, or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; or
(3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation;
the President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth the circumstances necessitating the introduction, the constitutional and legislative authority under which it took place, and the estimated scope and duration.
§ 1544. Congressional action and enforcement
(b) Termination. Within sixty calendar days after a report is submitted or is required to be submitted pursuant to § 1543(a)(1), 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, (2) has enacted a specific authorization, (3) has extended the period, or (4) is physically unable to meet because of armed attack.
(c) Concurrent resolution for removal. Notwithstanding subsection (b), at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States 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.
[Subsection (c) rendered inoperative by INS v. Chadha, 462 U.S. 919 (1983), since concurrent resolutions don't satisfy bicameralism and presentment.]
§ 1547. Interpretation; definitions
(a) Authority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred—
(1) from any provision of law (whether or not in effect before November 7, 1973), including any provision contained in any appropriation Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and states that it is intended to constitute specific statutory authorization within the meaning of this chapter; or
(2) from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the introduction of United States Armed Forces into hostilities and stating that it is intended to constitute specific statutory authorization within the meaning of this chapter.
[The statute uses the term hostilities eleven times. It defines the term zero times.]
[§§ 1543a, 1545, 1546, 1546a, 1548 retained as in current law; not reproduced here.]
§ 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 (as defined in § 1547(e)), 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, without regard to whether such forces are human-operated, remotely-operated, or operated by autonomous systems.
(c) Presidential power. The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization satisfying the requirements of § 1547(f), or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
§ 1542. Consultation; War Powers Consultation Committee
The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situations.
(a) War Powers Consultation Committee. There is established in the Congress a War Powers Consultation Committee, composed of the chair and ranking minority member of each of the Armed Services, Foreign Relations / Foreign Affairs, Intelligence, and Appropriations committees of both Houses.
(b) Pre-introduction briefing. The President shall brief the Committee not less than forty-eight hours before introducing United States Armed Forces into hostilities. The briefing shall address the mission's objectives, geographic scope, expected duration, the legal authority asserted, and the rules of engagement.
(d) Autonomous-systems briefing. Before deploying an autonomous lethal system (as defined in § 1547(g)) to an operational theater, and before making material changes to the rules of engagement governing such a system, the President shall brief the Committee on the system's mission, operational envelope, target-selection criteria, escalation rules, and human-authorization conditions.
§ 1543. Reporting requirement
(a) In the absence of a declaration of war, in any case in which United States Armed Forces are introduced—
(1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances;
(2) into the territory, airspace, or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; or
(3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation; or
(4) in the form of an autonomous lethal system (as defined in § 1547(g)) deployed to an operational theater with rules of engagement authorizing it to select and engage targets without further human authorization—
the President shall submit within 48 hours [...] a report, in writing, identifying the specific paragraph or paragraphs of this subsection under which the introduction is reported, and setting forth the circumstances, authority, and estimated scope and duration.
(b) Subsection-specific reporting required; no “consistent with” filings. A report submitted under subsection (a) shall identify the specific paragraph or paragraphs of subsection (a) under which it is submitted. A report that does not so identify, or that purports to be submitted only “consistent with” this chapter without identifying a specific paragraph, does not satisfy the reporting requirement of this section.
(c) Commencement for autonomous lethal systems. For purposes of subsection (a) and of § 1544(b), the introduction of an autonomous lethal system occurs at the time the system is deployed to an operational theater with rules of engagement authorizing it to select and engage targets, regardless of whether the system has yet engaged a target. Each material change to such rules of engagement in theater constitutes a new introduction for purposes of this section.
§ 1544. Congressional action and enforcement
(b) Termination. Within sixty calendar days after a report is submitted or is required to be submitted pursuant to § 1543(a)(1) whichever is earlier United States Armed Forces are introduced into hostilities within the meaning of § 1543(a), whether or not any report has been submitted, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted) so introduced, unless the Congress has declared war, enacted a specific authorization satisfying § 1547(f), extended the period, or is physically unable to meet because of armed attack.
(c) Concurrent Joint resolution for removal. 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 joint resolution. A joint resolution introduced under this subsection shall be considered in accordance with the expedited procedures of §§ 1545 and 1546a and shall be subject to presentment under Article I, Section 7 of the Constitution.
(d) Cause of action; standing; judicial relief. The War Powers Consultation Committee, acting by majority vote, or either House of Congress acting by resolution, may bring a civil action in the United States District Court for the District of Columbia for declaratory or injunctive relief. The institutional injury defined by §§ 1542 and 1543 is an injury to Congress as a whole in its constitutionally assigned role; that injury satisfies the injury-in-fact requirement of Article III; the standards defined by § 1547(e) are judicially manageable for purposes of Baker v. Carr.
(e) Lapse of appropriations supporting unauthorized continuation. When forces have been introduced into hostilities and the period prescribed by subsection (b) has expired without authorization, on the day following expiration all unobligated funds appropriated for the support of those forces in the operation shall lapse and become unavailable for obligation or expenditure for that purpose. The lapse occurs without further action by Congress, the President, or any other officer. The lapse imposed by this paragraph is an absence of available appropriation within the meaning of section 1341 of title 31 (the Anti-Deficiency Act). An officer or employee of the United States who knowingly and willfully obligates or expends funds in violation of this subsection is subject to the penalties of sections 1349 and 1350 of title 31.
§ 1544a. Service-member cause of action; defense to court-martial proceedings
(a) A member of the Armed Forces who has been ordered, or who has received notice of an order, to participate in an introduction of forces into hostilities the continuation or commencement of which violates § 1544(b) or § 1547(a) may bring a civil action in the United States District Court for the District of Columbia for declaratory and injunctive relief.
(d) Defense in court-martial proceedings. In a proceeding under chapter 47 of title 10 charging a member with willful disobedience or refusal to obey a lawful order, premised on the member's declining to participate in an introduction of forces into hostilities, it is a defense that the deployment was not authorized under this chapter.
§ 1547. Interpretation; definitions
(a) Inferences from any law, , treaty, or international resolution. Authority to introduce United States Armed Forces into hostilities shall not be inferred—
(1) from any provision of law [...] unless such provision specifically authorizes the introduction and satisfies the requirements of subsection (f); or
(2) from any treaty [...] . ; or
(3) from any resolution, statement, or other action of the United Nations Security Council, the North Atlantic Council, or any other international body. The authorization of force by any such body does not supply, supplement, or substitute for the specific statutory authorization required by this chapter.
(e) Definition of “hostilities.” For purposes of this chapter, hostilities means the use of, or substantial risk of the use of, military force against foreign persons, forces, or territory, without regard to (1) the duration of the engagement; (2) the level of risk to United States personnel; (3) whether United States personnel are physically present in the operational theater; (4) whether the engagement is conducted through human-operated, remotely-operated, or autonomously-operated systems; or (5) whether the operation is styled as peacekeeping, humanitarian assistance, support for allied forces, or any other non-combat characterization. The President bears the burden of establishing the applicability of any exclusion.
(f) Requirements for specific statutory authorization. A statute purporting to constitute specific statutory authorization satisfies that requirement only if it (1) expires not later than three years after the date of its enactment unless extended by affirmative congressional action; (2) specifies the country or countries, or a defined geographic region; (3) specifies a ceiling on the number and type of United States Armed Forces; (4) identifies, by name or by a class defined with reasonable specificity, the persons, organizations, or forces against whom the use of force is authorized; and (5) specifies whether the authorization extends to the use of autonomous lethal systems. An authorization silent on this question shall not be construed to authorize such systems.
(f-1) Reaffirmation of pre-existing authorizations. Any authorization for the use of military force enacted before the effective date of this subsection that remains in effect shall be deemed repealed on the third anniversary of that effective date, unless Congress before that date enacts a new authorization satisfying subsection (f).
(g) Definition of autonomous lethal system. An autonomous lethal system means any weapon system, including any integrated platform consisting of sensors, processors, and weapons, that is capable of selecting and engaging targets with lethal effect without further human authorization once deployed with rules of engagement authorizing such selection and engagement. The term includes systems in which a human operator retains the capacity to override but is not required by the rules of engagement to affirm each engagement. The term also includes systems in which human authorization of individual engagements is nominal because the operational tempo or the volume of decisions does not permit meaningful human review.
§ 1547a. Office of Congressional Legal Counsel on War Powers
(a) There is established within the legislative branch an Office of Congressional Legal Counsel on War Powers, headed by a Counsel appointed jointly by the Speaker, the minority leader of the House, the majority leader of the Senate, and the minority leader of the Senate, for a term of eight years.
(b) The Office shall issue opinions interpreting this chapter and any AUMF; represent Congress, the Committee, or either House in any action under § 1544(d); and maintain a public repository of its opinions, subject to classification protections.
§ 1547b. Publication of executive-branch legal opinions
(a) Any opinion issued by the Office of Legal Counsel of the Department of Justice, by the General Counsel of the Department of Defense, or by any comparable executive-branch legal office, that construes any provision of this chapter or any AUMF, shall be transmitted to the Committee not later than thirty days after its issuance and made available to the public not later than ninety days after its issuance.
(c) Effect of non-compliance. No opinion described in subsection (a) may be cited as authority for any action under this chapter until it has been transmitted to the Committee in accordance with that subsection.