§1544 Congressional Action

Summary

When the President sends the report required by law, it must go the same day to the Speaker of the House and the President pro tempore of the Senate. Each report is sent to the House Foreign Affairs Committee and the Senate Foreign Relations Committee. If Congress is on an indefinite break or is out more than three days, the two leaders can ask the President to call Congress back. They must do this if at least 30 percent of members in their chamber petition them. Within 60 calendar days after the report is sent or was required (whichever is earlier), the President must stop using U.S. Armed Forces in that action unless Congress declares war, passes a specific authorization, extends the 60 days by law, or cannot meet because of an armed attack. The President can extend the 60 days by up to 30 more days if he certifies in writing that unavoidable military necessity requires continued use to remove the forces. If U.S. forces are fighting overseas without war or authorization, Congress can order the President to remove them by a concurrent resolution (a decision agreed to by both Houses).