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. In 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's 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. The 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 "President
in every possible instance shall consult with Congress before
introducing" U.S. Armed Forces into hostilities or imminent
hostilities. From 1975 through mid-September 2012, Presidents have
submitted 136 reports as the result of the War Powers Resolution,
but only one, the 1975 Mayaguez seizure, cited section 4(a)(1),
which triggers the time limit, 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
neither the President, Congress, nor the courts have been willing
to trigger the War Powers Resolution mechanism.
General
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