{ "id": "R42699", "type": "CRS Report", "typeId": "REPORTS", "number": "R42699", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 593374, "date": "2019-03-08", "retrieved": "2019-12-20T19:47:14.924299", "title": "The War Powers Resolution: Concepts and Practice", "summary": "This report discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which issues of its applicability were raised. \nIn the post-Cold War world, Presidents have continued to commit U.S. Armed Forces into potential hostilities, sometimes without a specific authorization from Congress. Thus the War Powers Resolution and its purposes continue to be a potential subject of controversy. On June 7, 1995, the House defeated, by a vote of 217-201, an amendment to repeal the central features of the War Powers Resolution that have been deemed unconstitutional by every President since the law\u2019s enactment in 1973. In 1999, after the President committed U.S. military forces to action in Yugoslavia without congressional authorization, Representative Tom Campbell used expedited procedures under the Resolution to force a debate and votes on U.S. military action in Yugoslavia, and later sought, unsuccessfully, through a federal court suit to enforce presidential compliance with the terms of the War Powers Resolution.\nThe War Powers Resolution (P.L. 93-148) was enacted over the veto of President Nixon on November 7, 1973, to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Section 4(a)(1) requires the President to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities. When such a report is submitted, or is required to be submitted, Section 5(b) requires that the use of forces must be terminated within 60 to 90 days unless Congress authorizes such use or extends the time period. Section 3 requires that the \u201cPresident in every possible instance shall consult with Congress before introducing\u201d U.S. Armed Forces into hostilities or imminent hostilities.\nFrom 1975 through March 2017, Presidents have submitted 168 reports as the result of the War Powers Resolution, but only one, the 1975 Mayaguez seizure, cited Section 4(a)(1), which triggers the 60-day withdrawal requirement, and in this case the military action was completed and U.S. Armed Forces had disengaged from the area of conflict when the report was made. The reports submitted by the President since enactment of the War Powers Resolution cover a range of military activities, from embassy evacuations to full-scale combat military operations, such as the Persian Gulf conflict, and the 2003 war with Iraq, the intervention in Kosovo, and the anti-terrorism actions in Afghanistan. In some instances, U.S. Armed Forces have been used in hostile situations without formal reports to Congress under the War Powers Resolution. On one occasion, Congress exercised its authority to determine that the requirements of Section 4(a)(1) became operative on August 29, 1983, through passage of the Multinational Force in Lebanon Resolution (P.L. 98-119). In 1991 and 2002, Congress authorized, by law, the use of military force against Iraq. In several instances none of the President, Congress, or the courts has been willing to initiate the procedures of or enforce the directives in the War Powers Resolution.\nIn the 115th Congress, U.S. military operations related to the joint counter-Houthi campaign conducted by the Kingdom of Saudi Arabia and the United Arab Emirates (UAE) in Yemen spurred congressional legislative action in both houses of Congress. The Senate on December 13, 2018, voted to adopt S.J.Res. 54, a joint resolution to \u201cdirect the removal of United States Armed Forces from hostilities in the Republic of Yemen that have not been authorized by Congress,\u201d marking the first instance that such a joint resolution received consideration and passed the full Senate under the expedited consideration provisions of Section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (P.L. 98-164; 50 U.S.C. \u00a71546a). In the 116th Congress, the House of Representatives on February 13, 2019, voted to adopt a similar joint resolution on U.S. military involvement in Yemen, H.J.Res. 37, and the Senate is expected to take up a companion measure, S.J.Res. 7, in March 2019.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R42699", "sha1": "5f3268c610df3940991580cb4145c312f85f27f6", "filename": "files/20190308_R42699_5f3268c610df3940991580cb4145c312f85f27f6.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R42699", "sha1": "25e2aadcaad00fe9112cfb9b32392217a4fa4d9c", "filename": "files/20190308_R42699_25e2aadcaad00fe9112cfb9b32392217a4fa4d9c.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4818, "name": "Afghanistan & Pakistan" } ] }, { "source": "EveryCRSReport.com", "id": 588515, "date": "2018-12-11", "retrieved": "2018-12-13T14:04:44.832976", "title": "The War Powers Resolution: Concepts and Practice", "summary": "This report discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which issues of its applicability were raised. It will be revised biannually.\nIn the post-Cold War world, Presidents have continued to commit U.S. Armed Forces into potential hostilities, sometimes without a specific authorization from Congress. Thus the War Powers Resolution and its purposes continue to be a potential subject of controversy. On June 7, 1995, the House defeated, by a vote of 217-201, an amendment to repeal the central features of the War Powers Resolution that have been deemed unconstitutional by every President since the law\u2019s enactment in 1973. In 1999, after the President committed U.S. military forces to action in Yugoslavia without congressional authorization, Representative Tom Campbell used expedited procedures under the Resolution to force a debate and votes on U.S. military action in Yugoslavia, and later sought, unsuccessfully, through a federal court suit to enforce presidential compliance with the terms of the War Powers Resolution.\nThe War Powers Resolution (P.L. 93-148) was enacted over the veto of President Nixon on November 7, 1973, to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Section 4(a)(1) requires the President to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities. When such a report is submitted, or is required to be submitted, Section 5(b) requires that the use of forces must be terminated within 60 to 90 days unless Congress authorizes such use or extends the time period. Section 3 requires that the \u201cPresident in every possible instance shall consult with Congress before introducing\u201d U.S. Armed Forces into hostilities or imminent hostilities.\nFrom 1975 through March 2017, Presidents have submitted 168 reports as the result of the War Powers Resolution, but only one, the 1975 Mayaguez seizure, cited Section 4(a)(1), which triggers the 60-day withdrawal requirement, and in this case the military action was completed and U.S. armed forces had disengaged from the area of conflict when the report was made. The reports submitted by the President since enactment of the War Powers Resolution cover a range of military activities, from embassy evacuations to full-scale combat military operations, such as the Persian Gulf conflict, and the 2003 war with Iraq, the intervention in Kosovo, and the anti-terrorism actions in Afghanistan. In some instances, U.S. Armed Forces have been used in hostile situations without formal reports to Congress under the War Powers Resolution. On one occasion, Congress exercised its authority to determine that the requirements of Section 4(a)(1) became operative on August 29, 1983, through passage of the Multinational Force in Lebanon Resolution (P.L. 98-119). In 1991 and 2002, Congress authorized, by law, the use of military force against Iraq. In several instances none of the President, Congress, or the courts has been willing to initiate the procedures of or enforce the directives in the War Powers Resolution.\nIn the 115th Congress, U.S. military operations related to the joint counter-Houthi campaign being conducted by armed forces of the Kingdom of Saudi Arabia (Saudi Arabia, or KSA) and the United Arab Emirates (UAE) in Yemen have spurred congressional legislative action in both Houses of Congress, taken pursuant to provisions of the War Powers Resolution and related legislation. The Senate on November 28, 2018, voted 63-37 in favor of a motion to discharge S.J.Res. 54, a joint resolution to \u201cdirect the removal of United States Armed Forces from hostilities in the Republic of Yemen that have not been authorized by Congress,\u201d from the Senate Foreign Relations Committee, clearing the way for debate on the measure in the Senate. This marks the first instance that such a joint resolution could receive debate in the full Senate under the expedited consideration provisions of Section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (P.L. 98-164; 50 U.S.C. \u00a71546a).", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R42699", "sha1": "d3bdb4be262d754c9e6ea5d31c64138b99abf327", "filename": "files/20181211_R42699_d3bdb4be262d754c9e6ea5d31c64138b99abf327.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R42699", "sha1": "aea19c704dbbc60a70dbb33f99b96dc33f246f3f", "filename": "files/20181211_R42699_aea19c704dbbc60a70dbb33f99b96dc33f246f3f.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4818, "name": "Afghanistan & Pakistan" } ] }, { "source": "EveryCRSReport.com", "id": 460049, "date": "2017-03-28", "retrieved": "2017-03-29T20:01:57.452718", "title": "The War Powers Resolution: Concepts and Practice", "summary": "This report discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which issues of its applicability were raised. It will be revised biannually.\nIn the post-Cold War world, Presidents have continued to commit U.S. Armed Forces into potential hostilities, sometimes without a specific authorization from Congress. Thus the War Powers Resolution and its purposes continue to be a potential subject of controversy. On June 7, 1995, the House defeated, by a vote of 217-201, an amendment to repeal the central features of the War Powers Resolution that have been deemed unconstitutional by every President since the law\u2019s enactment in 1973. In 1999, after the President committed U.S. military forces to action in Yugoslavia without congressional authorization, Representative Tom Campbell used expedited procedures under the Resolution to force a debate and votes on U.S. military action in Yugoslavia, and later sought, unsuccessfully, through a federal court suit to enforce presidential compliance with the terms of the War Powers Resolution.\nThe War Powers Resolution P.L. 93-148 was passed over the veto of President Nixon on November 7, 1973, to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Section 4(a)(1) requires the President to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities. When such a report is submitted, or is required to be submitted, Section 5(b) requires that the use of forces must be terminated within 60 to 90 days unless Congress authorizes such use or extends the time period. Section 3 requires that the \u201cPresident in every possible instance shall consult with Congress before introducing\u201d U.S. Armed Forces into hostilities or imminent hostilities.\nFrom 1975 through March 2017, Presidents have submitted 168 reports as the result of the War Powers Resolution, but only one, the 1975 Mayaguez seizure, cited Section 4(a)(1), which triggers the 60-day withdrawal requirement, and in this case the military action was completed and U.S. armed forces had disengaged from the area of conflict when the report was made. The reports submitted by the President since enactment of the War Powers Resolution cover a range of military activities, from embassy evacuations to full-scale combat military operations, such as the Persian Gulf conflict, and the 2003 war with Iraq, the intervention in Kosovo, and the anti-terrorism actions in Afghanistan. In some instances, U.S. Armed Forces have been used in hostile situations without formal reports to Congress under the War Powers Resolution. On one occasion, Congress exercised its authority to determine that the requirements of Section 4(a)(1) became operative on August 29, 1983, through passage of the Multinational Force in Lebanon Resolution (P.L. 98-119). In 1991 and 2002, Congress authorized, by law, the use of military force against Iraq. In several instances none of the President, Congress, or the courts has been willing to initiate the procedures of or enforce the directives in the War Powers Resolution.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R42699", "sha1": "104d9e4d6620faac8a39cc50accc38a90c75a97d", "filename": "files/20170328_R42699_104d9e4d6620faac8a39cc50accc38a90c75a97d.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R42699", "sha1": "b8294f662b2a199363581882b80c6ad45b523e25", "filename": "files/20170328_R42699_b8294f662b2a199363581882b80c6ad45b523e25.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4818, "name": "Afghanistan & Pakistan" } ] }, { "source": "EveryCRSReport.com", "id": 440122, "date": "2015-04-03", "retrieved": "2016-04-06T19:17:21.982977", "title": "The War Powers Resolution: Concepts and Practice", "summary": "This report discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which issues of its applicability were raised. It will be revised biannually.\nIn the post-Cold War world, Presidents have continued to commit U.S. Armed Forces into potential hostilities, sometimes without a specific authorization from Congress. Thus the War Powers Resolution and its purposes continue to be a potential subject of controversy. On June 7, 1995, the House defeated, by a vote of 217-201, an amendment to repeal the central features of the War Powers Resolution that have been deemed unconstitutional by every President since the law\u2019s enactment in 1973. In 1999, after the President committed U.S. military forces to action in Yugoslavia without congressional authorization, Representative Tom Campbell used expedited procedures under the Resolution to force a debate and votes on U.S. military action in Yugoslavia, and later sought, unsuccessfully, through a federal court suit to enforce presidential compliance with the terms of the War Powers Resolution.\nThe War Powers Resolution P.L. 93-148 was passed over the veto of President Nixon on November 7, 1973, to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Section 4(a)(1) requires the President to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities. When such a report is submitted, or is required to be submitted, Section 5(b) requires that the use of forces must be terminated within 60 to 90 days unless Congress authorizes such use or extends the time period. Section 3 requires that the \u201cPresident in every possible instance shall consult with Congress before introducing\u201d U.S. Armed Forces into hostilities or imminent hostilities.\nFrom 1975 through March 2015, Presidents have submitted 160 reports as the result of the War Powers Resolution, but only one, the 1975 Mayaguez seizure, cited Section 4(a)(1), which triggers the 60-day withdrawal requirement, and in this case the military action was completed and U.S. armed forces had disengaged from the area of conflict when the report was made. The reports submitted by the President since enactment of the War Powers Resolution cover a range of military activities, from embassy evacuations to full-scale combat military operations, such as the Persian Gulf conflict, and the 2003 war with Iraq, the intervention in Kosovo, and the anti-terrorism actions in Afghanistan. In some instances, U.S. Armed Forces have been used in hostile situations without formal reports to Congress under the War Powers Resolution. On one occasion, Congress exercised its authority to determine that the requirements of Section 4(a)(1) became operative on August 29, 1983, through passage of the Multinational Force in Lebanon Resolution (P.L. 98-119). In 1991 and 2002, Congress authorized, by law, the use of military force against Iraq. 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It will be revised biannually.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20120924_R42699_83a6f7e7f1fc6dca037eb5db8e5543f7f6b2851c.pdf" }, { "format": "HTML", "filename": "files/20120924_R42699_83a6f7e7f1fc6dca037eb5db8e5543f7f6b2851c.html" } ], "topics": [ { "source": "LIV", "id": "War", "name": "War" }, { "source": "LIV", "id": "Congressional powers", "name": "Congressional powers" }, { "source": "LIV", "id": "Executive power", "name": "Executive power" }, { "source": "LIV", "id": "Defense policy", "name": "Defense policy" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc227798/", "id": "R42699_2012Sep05", "date": "2012-09-05", "retrieved": "2013-11-05T18:07:05", "title": "The War Powers Resolution: After Thirty-Eight Years", "summary": "Report that discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which issues of its applicability were raised.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20120905_R42699_fc202046fb360e3be6ee6442ca4d0198c808672d.pdf" }, { "format": "HTML", "filename": "files/20120905_R42699_fc202046fb360e3be6ee6442ca4d0198c808672d.html" } ], "topics": [ { "source": "LIV", "id": "Presidential powers", "name": "Presidential powers" }, { "source": "LIV", "id": "War and emergency powers", "name": "War and emergency powers" }, { "source": "LIV", "id": "Congressional powers", "name": "Congressional powers" }, { "source": "LIV", "id": "Declaration of war", "name": "Declaration of war" }, { "source": "LIV", "id": "Delegation of powers", "name": "Delegation of powers" } ] } ], "topics": [ "Constitutional Questions", "Foreign Affairs", "Intelligence and National Security", "National Defense" ] }