On November 7, 1973, it passed the War Powers Resolution ( P.L. 93-148 ) over the veto of President Nixon. This report examines the provisions of the War Powers Resolution, actual experience in its use from its enactment in 1973 through March 2015, and proposed amendments to it. Consultation Requirement

Section 3 of the War Powers Resolution requires the President "in every possible instance" to consult with Congress before introducing U.S. Armed Forces into situations of hostilities and imminent hostilities, and to continue consultations as long as the armed forces remain in such situations. After a report "is submitted or is required to be submitted pursuant to section 4(a)(1), whichever is earlier," Section 5(b) requires the President to terminate the use of U.S. Armed Forces after 60 days unless Congress (1) has declared war or authorized the action; (2) has extended the period by law; or (3) is physically unable to meet as a result of an armed attack on the United States. On September 29, 1983, Congress passed the Multinational Force in Lebanon Resolution determining that the requirements of Section 4(a)(1) of the War Powers Resolution became operative on August 29, 1983. On January 12, 1991, both houses passed the "Authorization for Use of Military Force Against Iraq Resolution" ( P.L. After the passage of P.L. The President's action to commit forces to the NATO Kosovo operation also led to a suit in federal District Court for the District of Columbia by Members of Congress seeking a judicial finding that the President was violating the War Powers Resolution and the Constitution by using military forces in Yugoslavia in the absence of authorization from the Congress. 4301 ) by a vote of 223-201. The air forces of the Kingdom of Saudi Arabia (KSA) and the United Arab Emirates (UAE) have continued to conduct airstrikes against Houthi targets in Yemen during this time. Supporters of the resolution argued that U.S. military activities to support the KSA-led counter-Houthi campaign constituted involvement in a war amounting to "hostilities" under the War Powers Resolution and Section 1013, citing language in the War Powers Resolution that refers to U.S. forces engaging in activities to "command, coordinate, participate in the movement of, or accompany" foreign forces, and characterizing U.S. forces supporting the KSA-led coalition as co-belligerents in the Yemen war. After debate on the resolution, the Senate also debated and voted on six amendments to S.J.Res. 54 on December 13, 2018. 37 , which again would direct "the removal of United States Armed Forces from hostilities in the Republic of Yemen that have not been authorized by Congress." On February 13, 2019, the House adopted H.Res. 7, the companion measure in the Senate to H.J.Res. The Senate is expected to take up S.J.Res. 7 in some fashion in March 2019. In February 2018, Department of Defense counsel argued in a letter to Congress,
The limited military and intelligence support that the United States is providing to the KSA-led coalition does not involve any introduction of U.S. forces into hostilities for purposes of the War Powers Resolution or of section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (50 USC 1546a). Proponents of this view assert that Presidents have continued to introduce U.S. Armed Forces into hostilities without consulting Congress and without congressional authorization. Presidents have cited Section 4(a)(1) on only one occasion—Mayaguez—and by the time the action was reported, it was virtually over. Some Members of Congress favor replacing this provision with expedited procedures for a joint resolution to authorize the action or require disengagement. Instances Not Formally Reported to the Congress Under the War Powers Resolution
In some instances where U.S. Armed Forces have been deployed in potentially hostile situations abroad, Presidents did not submit reports to Congress under the War Powers Resolution and the question of whether a report was required could be raised. Representative examples of these instances from 1973 to 1998 include
evacuation of civilians from Cyprus in 1974 evacuation of civilians from Lebanon in 1976 Korean DMZ tree-cutting incident of 1976 transport of European troops to Zaire in 1978 dispatch of additional military advisers to El Salvador in 1981 shooting down of two Libyan jets over the Gulf of Sidra on August 19, 1981, after one had fired a heat-seeking missile the use of training forces in Honduras after 1983 dispatch of AWACS to Egypt after a Libyan plane bombed a city in Sudan March 18, 1983 shooting down of two Iranian fighter planes over Persian Gulf on June 5, 1984, by Saudi Arabian jet fighter planes aided by intelligence from a U.S. AWACS interception by U.S. Navy pilots on October 10, 1985, of an Egyptian airliner carrying hijackers of the Italian cruise ship Achille Lauro use of U.S. Army personnel and aircraft in Bolivia for anti-drug assistance on July 14, 1986 buildup of fleet in Persian Gulf area in 1987 force augmentations in Panama in 1988 and 1989 shooting down 2 Libyan jet fighters over the Mediterranean Sea on January 4, 1989 dispatch of military advisers and Special Forces teams to Colombia, Bolivia, and Peru, in the Andean initiative, announced September 5, 1989, to help those nations combat illicit drug traffickers transport of Belgian troops and equipment into Zaire September 25-27, 1991 evacuation of nonessential U.S. government workers and families from Sierra Leone, May 3, 1992 a bombing campaign against Iraq, termed Operation Desert Fox, aimed at destroying Iraqi industrial facilities deemed capable of producing weapons of mass destruction, as well as other Iraqi military and security targets, December 16-23, 1998. (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—
(A) the circumstances necessitating the introduction of United States Armed Forces;
(B) the constitutional and legislative authority under which such introduction took place; and
(C) the estimated scope and duration of the hostilities or involvement.
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.
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 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 "President in every possible instance shall consult with Congress before introducing" U.S. Armed Forces into hostilities or imminent hostilities.
From 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.
In 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 "direct the removal of United States Armed Forces from hostilities in the Republic of Yemen that have not been authorized by Congress," 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. §1546a). 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.