§1544 Congressional Action

Summary

The President must send every report required under section 1543(a)(1) on the same calendar day to the Speaker of the House and the Senate’s President pro tempore. Those reports go to the House Foreign Affairs Committee and the Senate Foreign Relations Committee for action. If Congress is on an indefinite break or is away more than three calendar days when the report is sent, the Speaker and the Senate’s President pro tempore must jointly ask the President to call Congress back if they think it is needed or if at least 30% of members of each House ask them to. Within sixty calendar days after the report is filed or after the date it was required, whichever is earlier, the President must stop the use of U.S. armed forces that the report covers unless one of these happens: Congress declares war or passes a law specifically allowing the use; Congress extends the sixty-day period by law; or Congress cannot meet because of an armed attack on the United States. The President may extend the sixty days for up to an extra thirty days if he certifies in writing that unavoidable military necessity for the safety of U.S. forces requires continued action to arrange a prompt withdrawal. If U.S. forces are fighting outside U.S. territory without a declaration of war or a law authorizing it, the President must withdraw them if both Houses of Congress agree to a concurrent resolution directing their removal.