Order Code IB81050
CRS Issue Brief for Congress
Received through the CRS Web
War Powers Resolution:
Presidential Compliance
Updated March 20, 2002
Richard F. Grimmett
Foreign Affairs, Defense, and Trade Division
Congressional Research Service ˜ The Library of Congress

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CONTENTS
SUMMARY
MOST RECENT DEVELOPMENTS
BACKGROUND AND ANALYSIS
United Nations Actions
Former Yugoslavia/Bosnia
Kosovo
Post-War Iraq
Haiti
Somalia
Instances Formally Reported
Under the War Powers Resolution
Consultation with Congress
Issues for Congress

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War Powers Resolution: Presidential Compliance
SUMMARY
Two separate but closely related issues
the War Powers Resolution, although only one
confront Congress each time the President
(the Mayaguez situation) cited Section 4(a)(1)
introduces armed forces into a situation abroad
or specifically stated that forces had been
that conceivably could lead to their involve-
introduced into hostilities or imminent hostili-
ment in hostilities. One issue concerns the
ties. Congress invoked the War Powers Reso-
division of war powers between the President
lution in the Multinational Force in Lebanon
and Congress, whether the use of armed forces
Resolution (P.L. 98-119), which authorized
falls within the purview of the congressional
the Marines to remain in Lebanon for 18
power to declare war and the War Powers
months. In addition, P.L. 102-1, authorizing
Resolution. The other issue is whether
the use of U.S. armed forces concerning the
Congress concurs in the wisdom of the action.
Iraqi aggression against Kuwait, stated that it
This issue brief does not deal with the substan-
constituted specific statutory authorization
tive merits of using armed forces in specific
within the meaning of the War Powers Resolu-
cases, but rather with the congressional autho-
tion. On November 9, 1993, the House used
rization for the action and the application and
a section of the War Powers Resolution to
effectiveness of the War Powers Resolution.
state that U.S. forces should be withdrawn
from Somalia by March 31, 1994; Congress
The purpose of the War Powers Resolu-
had already taken this action in appropriations
tion (P.L. 93-148, passed over President
legislation. More recently, war powers have
Nixon’s veto on November 7, 1973) is to
been at issue in former Yugosla-
ensure that Congress and the President share
via/Bosnia/Kosovo, Iraq, Haiti, and in re-
in making decisions that may get the U.S.
sponding to terrorist attacks against the U.S.
involved in hostilities. Compliance becomes
After combat operations against Iraqi forces
an issue whenever the President introduces
ended on February 28, 1991, the use of force
U.S. forces abroad in situations that might be
to obtain compliance with U.N. resolutions
construed as hostilities or imminent hostilities.
remains an issue.
Criteria for compliance include prior consulta-
tion with Congress, fulfillment of the reporting
A longer-term issue is whether the War
requirements, and congressional authorization.
Powers Resolution is an appropriate and
If the President has not complied fully, the
effective means of assuring congressional
issue becomes what action Congress should
participation in actions that might get the
take to bring about compliance or to influence
United States involved in war. Some observ-
U.S. policy. A new issue has become congres-
ers contend that the War Powers Resolution
sional authorization of U.N. peacekeeping or
has not significantly increased congressional
other U.N.-sponsored actions. For over 28
participation, while others emphasize that it
years, war powers and the War Powers Reso-
has promoted consultation and served as
lution have been an issue in U.S. military
leverage. Proposals have been made to
actions in Asia, the Middle East, Africa, Cen-
strengthen, change, or repeal the resolution.
tral America, and Europe. Presidents have
None have been enacted to date.
submitted 96 reports to Congress as a result of
Congressional Research Service ˜ The Library of Congress

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MOST RECENT DEVELOPMENTS
On February 28, 2002, President George W. Bush reported to Congress, “consistent
with the War Powers Resolution,” that U. S. armed forces were continuing to support the
United Nations peacekeeping effort in East Timor aimed at providing security and
maintaining law and order in East Timor, coordinating delivery of humanitarian assistance,
and helping establish the basis for self-government in East Timor. The U.S. currently has
three military observers attached to the United Nations Transitional Administration in East
Timor (UNTAET). The United States also has a separate military presence, the U.S. Support
Group East Timor (USGET), comprised of approximately 10 U.S. personnel, including a
security detachment, which “facilitates and coordinates" U.S. military activities in East
Timor, as well as a rotational presence of U.S. forces through temporary deployments to
East Timor. The President stated that U.S. forces would continue a presence through 2002.
The President noted his objective was to gradually reduce the“rotational presence
operations,” and to redeploy USGET personnel, as circumstances permitted.
On January 21, 2002, President George W. Bush reported to Congress, “consistent with
the War Powers Resolution,” that about 3,100 combat-equipped U.S. Armed Forces
continued to be deployed in Bosnia and Herzegovina, and other regional states as part of
the NATO-led Stabilization Force (SFOR).Most were based at Tuzla in Bosnia. About 500
others were based in Hungary, Croatia, and Italy, providing logistical and other support.
BACKGROUND AND ANALYSIS
Under the Constitution, war powers are divided. Congress has the power to declare war
and raise and support the armed forces (Article I, Section 8), while the President is
Commander in Chief (Article II, Section 2). It is generally agreed that the Commander in
Chief role gives the President power to repel attacks against the United States and makes him
responsible for leading the armed forces. During the Korean and Vietnam wars, the United
States found itself involved for many years in undeclared wars. Many Members of Congress
became concerned with the erosion of congressional authority to decide when the United
States should become involved in a war or the use of armed forces that might lead to war.
On November 7, 1973, Congress passed the War Powers Resolution (P.L. 93-148) over the
veto of President Nixon.
The War Powers Resolution states that the President’s powers as Commander- in-Chief
to introduce U.S. forces into hostilities or imminent hostilities are exercised only pursuant to
(1) a declaration of war; (2) specific statutory authorization; or (3) a national emergency
created by an attack on the United States or its forces. It requires the President in every
possible instance to consult with Congress before introducing American armed forces into
hostilities or imminent hostilities unless there has been a declaration of war or other specific
congressional authorization. It also requires the President to report to Congress any
introduction of forces into hostilities or imminent hostilities, Section 4(a)(1); into foreign
territory while equipped for combat, Section 4(a)(2); or in numbers which substantially
enlarge U.S. forces equipped for combat already in a foreign nation, Section 4(a)(3). Once
a report is submitted “or required to be submitted” under Section 4(a)(1), Congress must
authorize the use of forces within 60 to 90 days or the forces must be withdrawn. (For
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detailed background, see CRS Report RL31185, The War Powers Resolution: After
Twenty-Eight Years, and CRS Report RL31133, Declarations of War and Authorizations for
the Use of Military Force: Background and Legal Implications). It is important to note that
since the War Powers Resolution’s enactment, over President Nixon’s veto in 1973, every
President has taken the position that it is an unconstitutional infringement by the Congress on
the President’s authority as Commander-in-Chief. The courts have not directly addressed this
question.
United Nations Actions
U.N. Security Council resolutions provide authority for U.S. action under international
law. Whether congressional authorization is required under domestic law depends on the
types of U.N. action and is governed by the Constitution, the U.N. Participation Act (P.L.
79-264, as amended), as well as by the War Powers Resolution. Section 8(b) of the War
Powers Resolution exempts only participation in headquarters operations of joint military
commands established prior to 1973.
For armed actions under Articles 42 and 43 of the U.N. Charter, Section 6 of the U.N.
Participation Act authorizes the President to negotiate special agreements with the Security
Council, subject to the approval of Congress, providing for the numbers and types of armed
forces and facilities to be made available to the Security Council. Once the agreements have
been concluded, further congressional authorization is not necessary, but no such agreements
have been concluded. Some Members have sought to encourage negotiation of military
agreements under Article 43 of the U.N. Charter. Questions include whether congressional
approval is required only for an initial agreement on providing peacekeeping forces in general,
or for each agreement to provide forces in specific situations, and how such approvals would
relate to the War Powers Resolution.
Section 7 of the U.N. Participation Act authorizes the detail of up to 1,000 personnel
to serve in any noncombatant capacity for certain U.N. peaceful settlement activities. The
United States has provided personnel to several U.N. peacekeeping missions, such as
observers to the U.N. Truce Supervision Organization in Palestine. In these instances,
controversy over the need for congressional authorization has not occurred because the action
appeared to fall within the authorization in Section 7 of the Participation Act. Controversy
has arisen when forces have been deployed in larger numbers or as possible combatants.
In the 103rd Congress, Members used several vehicles in seeking some control over
future peacekeeping actions wherever they might occur. Both the Defense Appropriations
Act for FY1994, P.L. 103-139 (Section 8153), and for FY1995, P.L. 103- 335 (Section
8103), stated the sense of Congress that funds should not be used for U.N. peacekeeping or
peace enforcement operations unless the President consulted with Congress at least 15 days
in advance whenever possible. Section 1502 of the Defense Authorization for FY1994, P.L.
103-60, required the President to submit by April 1, 1994, a report on multinational
peacekeeping including the requirement of congressional approval for participation and the
applicability of the War Powers Resolution and the U.N. Participation Act.
Along similar lines, the conference report on the Department of State Appropriations
Act for FY1994, H.R. 2519 (P.L. 103-121, signed October 27, 1993), called for the Secretary
of State to notify both Appropriations Committees 15 days in advance, where practicable, of
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a vote by the U.N. Security Council to establish any new or expanded peacekeeping mission.
The Foreign Relations Authorization Act, P.L. 103-236, signed April 30, 1994, established
new requirements for consultation with Congress on U.S. Participation in U.N. Peacekeeping
Operations. Section 407 required monthly consultations on the status of peacekeeping
operations and advance reports on resolutions that would authorize a new U.N. peacekeeping
operation. It also required 15 days’ advance notice of any U.S. assistance to support U.N.
peacekeeping operations and a quarterly report on all assistance that had been provided to the
U.N. for peacekeeping operations. To permit Presidential flexibility, conferees explained, the
quarterly report need not include temporary duty assignments of U.S. personnel in support
of peacekeeping operations of less than twenty personnel in any one case.
The following discussion provides background on major cases of U.S. military
involvement in overseas operations in the last decade that raised War Powers questions.
Former Yugoslavia/Bosnia
The issue of war powers and whether congressional authorization is necessary for U.S.
participation in U.N. action (see above discussion) was also raised by efforts to halt fighting
in the former territory of Yugoslavia, particularly in Bosnia. The United States participated
without congressional authorization in airlifts into Sarajevo, naval monitoring of sanctions,
aerial enforcement of a “no-fly zone,” and aerial enforcement of safe havens.
Because some of the U.S. action has been taken within a NATO framework, action in
Bosnia has raised the broader issue of whether action under NATO is exempt from the
requirements of the War Powers Resolution or its standard for the exercise of war powers
under the Constitution. Article 11 of the North Atlantic Treaty states that its provisions are
to be carried out by the parties “in accordance with their respective constitutional processes,”
inferring some role for Congress in the event of war. Section 8(a) of the War Powers
Resolution states that authority to introduce U.S. forces into hostilities is not to be inferred
from any treaty, ratified before or after 1973, unless implementing legislation specifically
authorizes such introduction and says it is intended to constitute an authorization within the
meaning of the War Powers Resolution. Section 8(b) states that nothing in the Resolution
should be construed to require further authorization for U.S. participation in the headquarters
operations of military commands established before 1973, such as NATO headquarters
operations.
On August 13, 1992, the U.N. Security Council adopted Resolution 770 calling on all
nations to take “all measures necessary” to facilitate the delivery of humanitarian assistance
to Sarajevo. On August 11, 1992, the Senate had passed S.Res. 330 urging the President to
work for such a resolution and pledging funds for participation, but saying that no U.S.
military personnel should be introduced into hostilities without clearly defined objectives. On
the same day, the House passed H.Res. 554 urging the Security Council to authorize
measures, including the use of force, to ensure humanitarian relief. Thus, both chambers of
Congress supported action but not by legislation authorizing the use of U.S. forces. For
details of congressional actions relating to Bosnia from 1993 through 1995, see CRS Report
RL31185, The War Powers Resolution: After Twenty-Eight Years.
In late 1995, the issue of war powers and Bosnia was raised again as President Clinton
sent over 20,000 American combat troops to Bosnia as part of a NATO-led peacekeeping
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force. In December 1995, Congress considered and voted on a number of bills and
resolutions, but the House and Senate could not come to consensus on any single measure.
Subsequently, President Clinton in December 1996, agreed to provide up to 8,500 ground
troops to participate in a NATO-led follow-on force in Bosnia termed the Stabilization Force
(SFOR). On March 18, 1998, the House defeated by a vote of 193-225, H.Con.Res. 227, a
resolution directing the President, pursuant to section 5(c) of the War Powers Resolution to
remove United States Armed Forces from the Republic of Bosnia and Herzegovina.(H.Rept.
105-442). (For additional information, see CRS Issue Brief IB93056, Bosnia: U.S. Military
Operations, and CRS Report RL31185, The War Powers Resolution: After Twenty-Eight
Years.)
Kosovo
The issue of presidential authority to deploy forces in the absence of congressional
authorization, under the War Powers Resolution, or otherwise, became an issue of significant
controversy in late March 1999 when President Clinton ordered U.S. military forces to
participate in a NATO-led military operation in Kosovo. This action has become the focus
of an on-going policy debate over the purpose and scope of U.S. military involvement in
Kosovo. 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.
The Kosovo controversy began in earnest when on March 26, 1999, President Clinton
notified the Congress “consistent with the War Powers Resolution”, that on March 24, 1999,
U.S. military forces, at his direction and in coalition with NATO allies, had commenced air
strikes against Yugoslavia in response the Yugoslav government’s campaign of violence and
repression against the ethnic Albanian population in Kosovo. Prior to the President’s action,
the Senate, on March 23, 1999, had passed, by a vote of 58-41, S.Con.Res. 21, a non-binding
resolution expressing the sense of the Congress that the President was authorized to conduct
“military air operations and missile strikes in cooperation with our NATO allies against the
Federal Republic of Yugoslavia (Serbia and Montenegro).”
Subsequently, the House voted on a number of measures relating to U.S. participation
in the NATO operation in Kosovo. On April 28, 1999, the House of Representatives passed
H.R. 1569, by a vote of 249-180. This bill would prohibit the use of funds appropriated to
the Defense Department from being used for the deployment of “ground elements” of the
U.S. Armed Forces in the Federal Republic of Yugoslavia unless that deployment is
specifically authorized by law. On that same day the House defeated H.Con.Res. 82, by a vote
of 139-290. This resolution would have directed the President, pursuant to section 5(c) of the
War Powers Resolution, to remove U.S. Armed Forces from their positions in connection
with the present operations against the Federal Republic of Yugoslavia. On April 28, 1999,
the House also defeated H.J.Res. 44, by a vote of 2-427. This joint resolution would have
declared a state of war between the United States and the “Government of the Federal
Republic of Yugoslavia.” The House on that same day also defeated, on a 213-213 tie vote,
S.Con.Res. 21, the Senate resolution passed on March 23, 1999, that supported military air
operations and missile strikes against Yugoslavia. On April 30, 1999, Representative Tom
Campbell and 17 other members of the House filed suit in Federal District Court for the
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District of Columbia seeking a ruling requiring the President to obtain authorization from
Congress before continuing the air war, or taking other military action against Yugoslavia.
The Senate, on May 4, 1999, by a vote of 78-22, tabled S.J.Res. 20, a joint resolution,
sponsored by Senator John McCain, that would authorize the President “to use all necessary
force and other means, in concert with United States allies, to accomplish United States and
North Atlantic Treaty Organization objectives in the Federal Republic of Yugoslavia (Serbia
and Montenegro).” The House, meanwhile, on May 6, 1999, by a vote of 117-301, defeated
an amendment by Representative Istook to H.R. 1664, the FY1999 defense supplemental
appropriations bill, that would have prohibited the expenditure of funds in the bill to
implement any plan to use U.S. ground forces to invade Yugoslavia, except in time of war.
Congress, meanwhile, on May 20, 1999 cleared for the President’s signature, H.R. 1141, an
emergency supplemental appropriations bill for FY1999, that provided billions in funding for
the existing U.S. Kosovo operation.
On May 25, 1999, the 60th day had passed since the President notified Congress of his
actions regarding U.S. participation in military operations in Kosovo. Representative
Campbell, and those who joined his suit, noted to the Federal Court that this was a clear
violation of the language of the War Powers Resolution stipulating a withdrawal of U.S.
forces from the area of hostilities occur after 60 days in the absence of congressional
authorization to continue, or a presidential request to Congress for an extra 30 day period to
safely withdraw. The President did not seek such a 30 day extension, noting instead that the
War Powers Resolution is constitutionally defective. On June 8, 1999, Federal District Judge
Paul L. Friedman dismissed the suit of Representative Campbell and others that sought to
have the court rule that President Clinton was in violation of the War Powers Resolution and
the Constitution by conducting military activities in Yugoslavia without having received prior
authorization from Congress. The judge ruled that Representative Campbell and others lacked
legal standing to bring the suit (Campbell v. Clinton, 52 F. Supp. 2d 34 (D.D.C. 1999)).
Representative Campbell appealed the ruling on June 24, 1999, to the U.S. Court of Appeals
for the District of Columbia. The appeals court agreed to hear the case. On February 18,
2000, the appeals court affirmed the opinion of the District Court that Representative
Campbell and his co-plaintiffs lacked standing to sue the President. (Campbell v. Clinton, 203
F.3d 19 (D.C. Cir. 2000). On May 18, 2000, Representative Campbell and 30 other Members
of Congress appealed this decision to the United States Supreme Court. On October 2, 2000,
the United States Supreme Court, without comment, refused to hear the appeal of
Representative Campbell thereby letting stand the holding of the U.S. Court of Appeals.
(Campbell v. Clinton, cert. denied, 531U.S. 815 Oct. 2, 2000). On May 18, 2000, the Senate
defeated by, a vote of 47-53, an amendment to S. 2521, the Senate’s version of the Military
Construction Appropriations Act, FY2001, that would have, among other things, terminated
funding for the continued deployment of U.S. ground combat troops in Kosovo after July 1,
2001 unless the President sought and received Congressional authorization to keep U.S.
troops in Kosovo. (For detailed discussion of major issues see Kosovo and U.S. Policy, CRS
Report RL31053, Kosovo and Macedonia: U.S. and Allied Military Operations, CRS Issue
Brief IB10027, War Powers Litigation Since the Enactment of the War Powers Resolution,
CRS Report RL30352).
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Post-War Iraq
During the week of October 3, 1994, Iraq began sending two additional divisions to join
regular forces in southern Iraq, close to the border of Kuwait. On October 8 President
Clinton responded by sending about 30,000 additional U.S. forces and additional combat
planes to join the forces already in the Gulf area. He said the United States would honor its
commitment to defend Kuwait and enforce U.N. resolutions on Iraq. Congress recessed on
October 8 until November 29, 1994, so it did not discuss the issue of congressional
authorization. On October 28 President Clinton reported to Congress that by October 15
there were clear indications that Iraq had redeployed its forces to their original location. On
November 7 the Defense Department announced 7,000 of the U.S. forces would be
withdrawn before Christmas.
Earlier, three continuing situations in Iraq since the end of Desert Storm brought about
the use of U.S. forces and thus raised war powers issues. The first situation resulted from the
Iraqi government’s repression of Kurdish and Shi’ite groups. U.N. Security Council
Resolution 688 of April 5, 1991, condemned the repression of the Iraqi civilian population
and appealed for contributions to humanitarian relief efforts. The second situation stemmed
from the U.N. cease-fire resolution of April 3, 1991, Security Council Resolution 687, which
called for Iraq to accept the destruction or removal of chemical and biological weapons and
international control of its nuclear materials.
The third situation was related to both of the earlier ones. On August 26, 1992, the
United States, Britain, and France began a “no-fly” zone, banning Iraqi fixed wing and
helicopter flights south of the 32nd parallel and creating a limited security zone in the south,
where Shi’ite groups are concentrated. After violations of the no-fly zones and various other
actions by Iraq, on January 13, 1993, the outgoing Bush Administration announced that
aircraft from the United States and coalition partners had attacked missile bases in southern
Iraq and that the United States was deploying a battalion task force to Kuwait to underline
the U.S. continuing commitment to Kuwait’s independence. On January 6, 1993, the United
States gave Iraq an ultimatum to remove newly deployed missiles in the no-fly zone. On
January 19, 1993, President George H.W. Bush reported to Congress that U.S. aircraft on
December 27, 1992, had shot down an Iraqi aircraft that had entered the no-fly zone and had
undertaken further military actions on January 13, 17, and 18.
President Clinton said on January 21, 1993, that the United States would adhere to the
policy toward Iraq set by the former Bush Administration, and on January 22, 23, April 9 and
18, June 19, and August 19, 1993, U.S. aircraft fired at targets in Iraq after pilots sensed Iraqi
radar or anti-aircraft fire directed at them. A number of such incidents occurred while planes
patrolled the no-fly zone. On June 6, 1994, President Clinton reported that over the previous
2 years, the northern no-fly zone had deterred Iraq from a military offensive in the northern
zone. Iraqi forces had responded to the no-fly zone in the south, he reported, by continuing
to use land-based artillery to shell marsh villages. In addition, Iraq was conducting a large
search and destroy operation and razing and burning marsh villages, in violation of U.N.
Security Council Resolution 688. Until Iraq fully complied with all relevant U.N. Security
Council resolutions, he reported, the United States would maintain sanctions and other
measures designed to achieve compliance.
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A war powers issue is whether the use of U.S. force in post-war Iraq has been
authorized by Congress. P.L. 102-1 authorized the President to use U.S. armed forces
pursuant to U.N. Security Council Resolution 678 to achieve implementation of previous
Security Council Resolutions; Security Council Resolution 687 was adopted after this. On
August 2, 1991, the Senate adopted an amendment to the Defense Authorization bill
supporting the use of all necessary means to achieve the goals of Resolution 687. Senator
Dole said the amendment was not intended to authorize the use of force by the President, and
that in his view in the current circumstances the President required no specific authorization
from Congress. As enacted, Section 1095 of P.L. 102-190 states the sense of Congress that
it supports the use of all necessary means to achieve the goals of Security Council Resolution
687 as being consistent with the Authorization for Use of Military Force Against Iraq
Resolution. The bill also included an amendment by Senator Pell supporting the use of all
necessary means to protect Iraq’s Kurdish minority, consistent with relevant U.N. resolutions
and authorities contained in P.L. 102-1. (Section 1096 of P.L. 102-190.) In 1994, Congress
reaffirmed support for the protection of all Iraqi Kurdish and other minorities pursuant to
Security Council Resolution 688 (Section 507 of P.L. 103-482).
In addition to these continuing situations, on June 28, 1993, President Clinton reported
to Congress that on June 26 U.S. naval forces had launched a Tomahawk cruise missile strike
on the Iraqi Intelligence Service’s main command and control complex in Baghdad and that
the military action was completed. He said the Iraqi Intelligence Service had planned the
failed attempt to assassinate former President Bush during his visit to Kuwait in April 1993.
On September 5, 1996, President Clinton reported to Congress on U.S. military actions in
Iraq to obtain compliance with U.N. Security Council Resolutions, especially in light of
attacks by Iraqi military forces against the Kurdish-controlled city of Irbil. U.S. actions
ordered by the President included: extending the no-fly zone in southern Iraq from 32 to 33
degrees north latitude, and conduction cruise missile attacks from B-52H bombers and ships
in the USS Carl Vinson Battle Group against fixed, surface-to- air missile sites, command and
control centers, and air defense control facilities south of the 33rd parallel in Iraq. Except for
the report of June 28, 1993, Presidents Bush and Clinton did not cite the War Powers
Resolution in the above reports. They submitted them “consistent with” P.L. 102-1, which
requires the President to submit a report to the Congress at least once every 60 days on the
status of efforts to obtain compliance by Iraq with the U.N. Security Council resolution
adopted in response to the Iraq aggression. Starting in 1998 through the end of the Clinton
Administration, Iraq’s refusal to permit U.N. weapons inspection teams to have access to
various Iraqi sites, and Iraqi threats to U.S. aircraft policing the “no-fly zones” has resulted
in U.S. military action on numerous occasions against Iraqi military forces and targets in the
“no-fly zones.” President Clinton chose to report these actions under the requirements of P.L.
102-1. In early February 2001, President G.W. Bush authorized U.S. aircraft, to attack Iraqi
radar installations in Southern Iraq believed to threaten allied forces enforcing the “no-fly
zone.” Further similar bombings of Iraqi sites were authorized and took place in the summer
and fall of 2001, such actions when reported were done under P.L. 102-1 (For further
information, see CRS Issue Brief IB92117, Iraqi Compliance with Cease-Fire Agreements).
Haiti
On July 3, 1993, Haitian military leader Raoul Cedras and deposed President
Jean-Bertrand Aristide signed an agreement at Governors Island providing for the restoration
of President Aristide on October 30. The United Nations and Organization of American
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States took responsibility for verifying compliance. Because the Haitian authorities did not
comply with the agreement, on October 13, 1993, the U.N. Security Council voted to restore
sanctions against Haiti. On October 20, President Clinton submitted a report “consistent with
the War Powers Resolution” that U.S. ships had begun to enforce the U.N. embargo. Some
Members of Congress complained that Congress had not been consulted on or authorized the
action. On October 18, 1993, Senator Dole said he would offer an amendment to the Defense
Appropriations bill (H.R. 3116) which would require congressional authorization for all
deployments into Haitian waters and airspace unless the President made specified
certifications. Congressional leaders and Administration officials negotiated on the terms of
the amendment. As enacted, Section 8147 of P.L. 103-139 stated the sense that funds should
not be obligated or expended for U.S. military operations in Haiti unless the operations were
(1) authorized in advance by Congress, (2) necessary to protect or evacuate U.S. citizens, (3)
vital to the national security and there was not sufficient time to receive congressional
authorization, or (4) the President submitted a report in advance that the intended deployment
met certain criteria.
On May 6, 1994, the U.N. Security Council adopted Resolution 917 calling for measures
to tighten the embargo. On June 10, 1994, President Clinton announced steps being taken
to intensify the pressure on Haiti’s military leaders that included assisting the Dominican
Republic to seal its border with Haiti, using U.S. naval patrol boats to detain ships suspected
of violating the sanctions, a ban on commercial air traffic, and sanctions on financial
transactions. As conditions in Haiti worsened, President Clinton stated he would not rule out
the use of force, and gradually the use of force appeared certain. Many Members continued
to contend congressional authorization was necessary for any invasion of Haiti. On July 31,
the U.N. Security Council authorized a multinational force to use “all necessary means to
facilitate the departure from Haiti of the military leadership ... on the understanding that the
cost of implementing this temporary operation will be borne by the participating Member
States” (Resolution 940, 1994).
On August 3, the Senate adopted an amendment to the Department of Veterans
appropriation, H.R. 4624, by a vote of 100-0 expressing its sense that the Security Council
Resolution did not constitute authorization for the deployment of U.S. forces in Haiti under
the Constitution or the War Powers Resolution, but the amendment was not agreed to in
conference. President Clinton said the same day that he would welcome the support of
Congress but did not agree that he was constitutionally mandated to obtain it. On September
15, 1994, in an address to the Nation, President Clinton said he had called up the military
reserve and ordered two aircraft carriers into the region. His message to the military dictators
was to leave now or the United States would force them from power. The first phase of
military action would remove the dictators from power and restore Haiti’s democratically
elected government. The second phase would involve a much smaller force joining with
forces from other U.N. members which would leave Haiti after 1995 elections were held and
a new government installed.
While the Defense Department continued to prepare for an invasion within days, on
September 16 President Clinton sent to Haiti a negotiating team of former President Jimmy
Carter, former Joint Chiefs of Staff Chairman Colin Powell, and Senate Armed Services
Committee Chairman Sam Nunn. Again addressing the Nation on September 18, President
Clinton announced that the military leaders had agreed to step down by October 15, and
agreed to the immediate introduction of troops from the 15,000 member international
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coalition beginning September 19. He said the agreement was only possible because of the
credible and imminent threat of multinational force. He emphasized the mission still had risks
and there remained possibilities of violence directed at U.S. troops, but the agreement
minimized those risks. He also said that under U.N. Security Council resolution 940, a
25-nation international coalition would soon go to Haiti to begin the task of restoring
democratic government. Also on September 18, President Clinton reported to Congress on
the objectives in accordance with the sense expressed in Section 8147 (c) of P.L. 103-139,
the FY1994 Defense Appropriations Act.
U.S. forces entered Haiti on September 19, 1994. On September 21, President Clinton
reported “consistent with the War Powers Resolution” the deployment of 1,500 troops, to
be increased by several thousand. (At the peak in September there were about 21,000 U.S.
forces in Haiti.) He said the U.S. presence would not be open-ended but would be replaced
after a period of months by a U.N. peacekeeping force, although some U.S. forces would
participate in and be present for the duration of the U.N. mission. The forces were involved
in the first hostilities on September 24 when U.S. Marines killed ten armed Haitian resisters
in a fire-fight.
On October 3, 1994, the House Foreign Affairs Committee reported H.J.Res. 416
authorizing the forces in Haiti until March 1, 1995, and providing procedures for a joint
resolution to withdraw the forces. In House debate on October 6 the House voted against the
original contents and for the Dellums substitute. As passed, H.J.Res. 416 stated the sense
that the President should have sought congressional approval before deploying U.S. forces
to Haiti, supporting a prompt and orderly withdrawal as soon as possible, and requiring a
monthly report on Haiti as well as other reports. This same language was also adopted by the
Senate on October 6 as S.J.Res. 229, and on October 7 the House passed S.J.Res. 229.
President Clinton signed S.J.Res. 229 on October 25, 1994 (P.L. 103-423).
After the U.S. forces began to disarm Haitian military and paramilitary forces and
President Aristide returned on October 15, 1994, the United States began to withdraw some
forces. On March 31, 1995, U.N. peacekeeping forces assumed responsibility for missions
previously conducted by U.S. military forces in Haiti. By September 21, 1995, President
Clinton reported the United States had 2,400 military personnel in Haiti as participants in the
U.N. Mission in Haiti (UNMIH), and 260 U.S. military personnel assigned to the U.S.
Support Group Haiti. On December 5, 1997, President Clinton stated that he intends to keep
some military personnel in Haiti, even though United Nations peacekeeping forces were
withdrawing. The Pentagon stated that U.S. military personnel in Haiti would be about 500,
consisting mainly of engineering and medical units, with a combat element responsible for
protecting the U.S. contingent. For further information on Haiti, see CRS Issue Brief
IB96019, Haiti: Issues for Congress).
Somalia
In Somalia, the participation of U.S. military forces in a U.N. operation to protect
humanitarian assistance, which began in December 1992, became increasingly controversial
as fighting and casualties increased and objectives appeared to be expanding. On October 7,
1993, President Clinton announced that all U.S. forces would be withdrawn by March 31,
1994, and most forces left by that date. The remaining 58 Marines, who had remained to
protect U.S. diplomats, were withdrawn September 15, 1994.
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A major issue for Congress was whether to authorize U.S. action in Somalia. On
February 4, 1993, the Senate passed S.J.Res. 45 to authorize the President to use U.S. armed
forces pursuant to U.N. Security Council Resolution 794. S.J.Res. 45 stated it is intended
to constitute the specific statutory authorization under Section 5(b) of the War Powers
Resolution. On May 25, 1993, the House amended and passed S.J.Res. 45. The amendment
authorized U.S. forces to remain for one year. S.J.Res. 45 was then sent to the Senate for its
concurrence, but the measure did not reach the floor.
As sporadic fighting resulted in the deaths of Somali and U.N. forces, including
Americans, controversy over the operation intensified. On September 9, 1993, the Senate
adopted an amendment to S. 1298, the Defense Authorization Bill, expressing the sense of
Congress that the President by November 15, 1993, should seek and receive congressional
authorization for the continued deployment of U.S. forces to Somalia. It asked that the
President consult with Congress and report the goals, objectives, and anticipated jurisdiction
of the U.S. mission in Somalia by October 15, 1993. On September 29, the House adopted
a similar amendment to its bill, H.R. 2401. On October 7, the President consulted with
congressional leaders from both parties for over two hours on Somalia policy and also
announced that U.S. forces would be withdrawn by March 31, 1994.
On October 15, 1993, the Senate adopted an amendment by Senator Byrd to H.R. 3116,
the Defense Department Appropriations Act for FY1994, cutting off funds for U.S. military
operations in Somalia after March 31, 1994, unless the President obtained further spending
authority from Congress. The Senate approved the use of military operations only for the
protection of American military personnel and bases and for helping maintain the flow of relief
aid by giving the U.N. forces security and logistical support. The amendment, which became
Section 8151 of P.L. 103-139, required U.S. forces in Somalia to remain under the command
and control of U.S. commanders. In addition, on November 9, 1993, the House adopted
H.Con.Res. 170, using Section 5(c) of the War Powers Resolution to direct the President to
remove forces from Somalia by March 31, 1994; sponsors stated it was a non-binding
measure, and the Senate did not act on the measure. The Defense Appropriations Act for
FY1995 (P.L. 103-335, signed September 30, 1994) prohibited the use of funds for the
continuous presence of U.S. forces in Somalia, except for the protection of U.S. personnel,
after September 30, 1994.
On November 4, the U.N. Security Council decided to end the U.N. mission in Somalia
by March 31, 1995. On March 3, 1995, U.S. forces completed their assistance to United
Nations forces evacuating Somalia.
Instances Formally Reported
Under the War Powers Resolution
Presidents have submitted 96 reports to Congress as a result of the War Powers
Resolution. Of these, President Ford submitted 4, President Carter one, President Reagan 14,
President George H.W. Bush 7, President Clinton 60, and President George W. Bush 10.
Following is a summary of reports submitted by President Bush George W. Bush to date. For
a summary of the reports submitted by the Presidents from 1975-2001 see: CRS Report
RL31185, The War Powers Resolution: After Twenty-Eight Years.
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(88) On February 28, 2002, President George W. Bush reported to Congress,
“consistent with the War Powers Resolution,” that U. S. armed forces were continuing to
support the United Nations peacekeeping effort in East Timor aimed at providing security and
maintaining law and order in East Timor, coordinating delivery of humanitarian assistance,
and helping establish the basis for self-government in East Timor. The U.S. currently has three
military observers attached to the United Nations Transitional Administration in East Timor
(UNTAET). The United States also has a separate military presence, the U.S. Support Group
East Timor (USGET), comprised of approximately 10 U.S. personnel, including a security
detachment, which “facilitates and coordinates" U.S. military activities in East Timor, as well
as a rotational presence of U.S. forces through temporary deployments to East Timor. The
President stated that U.S. forces would continue a presence through 2002. The President
noted his objective was to gradually reduce the“rotational presence operations,” and to
redeploy USGET personnel, as circumstances permitted.
(87) On January 25, 2001, President George W. Bush reported to Congress, “consistent
with the War Powers Resolution,”that about 4,400 combat-equipped U.S. Armed Forces
continued to be deployed in Bosnia and Herzegovina, and other regional states as part of the
NATO-led Stabilization Force (SFOR).Most were based at Tuzla in Bosnia. About 650
others were based in Hungary, Croatia, and Italy, providing logistical and other support.
(88) On March 2, 2001, President George W. Bush reported to Congress, “consistent
with the War Powers Resolution,” that the U. S. armed forces were continuing to support the
United Nations peacekeeping effort in East Timor aimed at providing security and maintaining
law and order in East Timor, coordinating delivery of humanitarian assistance, and helping
establish the basis for self-government in East Timor. The U.S. currently has three military
observers attached to the United Nations Transitional Administration in East Timor
(UNTAET). The United States also has a separate military presence, the U.S. Support Group
East Timor (USGET), of approximately 12 U..S. personnel, including a security detachment,
which “facilitates and coordinates" U.S. military activities in East Timor.
(89) On May 18, 2001, President George W. Bush reported to Congress, “consistent
with the War Powers Resolution,”that the United States was continuing to provide
approximately 6,000 U.S. military personnel in support of peacekeeping efforts in Kosovo as
part of the NATO-led international security force in Kosovo (KFOR). An additional 500 U.S.
military personnel are deployed as the National Support Element in Macedonia, with an
occasional presence in Greece and Albania. U.S. forces in Kosovo are assigned to a sector
centered around Gnjilane in the eastern portion. President Bush noted that the mission for
these U.S. military forces is maintaining a safe and secure environment through conducting
security patrols in urban areas and in the countryside through their sector.
(90) On July 24, 2001, President George W. Bush reported to Congress, “consistent
with the War Powers Resolution, that about 3,800 combat-equipped U.S. Armed Forces
continued to be deployed in Bosnia and Herzegovina, and other regional states as part of the
NATO-led Stabilization Force (SFOR).Most were based at Tuzla in Bosnia. About 500
others were based in Hungary, Croatia, and Italy, providing logistical and other support.
(91) On August 31, 2001, President George W. Bush reported to Congress, “consistent
with the War Powers Resolution,” that U. S. armed forces were continuing to support the
United Nations peacekeeping effort in East Timor aimed at providing security and maintaining
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law and order in East Timor, coordinating delivery of humanitarian assistance, and helping
establish the basis for self-government in East Timor. The U.S. has three military observers
attached to the United Nations Transitional Administration in East Timor (UNTAET). The
United States also has a separate military presence, the U.S. Support Group East Timor
(USGET), of approximately 20 U..S. personnel, including a security detachment, which
“facilitates and coordinates" U.S. military activities in East Timor, as well as a rotational
presence of U.S. forces through temporary deployments to East Timor. The President stated
that U.S. forces would continue a presence through December 2001, while options for a U.S.
presence in 2002 are being reviewed, with the President’s objective being redeployment of
USGET personnel, as circumstances permit.
(92) On September 24, 2001, President George W. Bush reported to Congress,
“consistent with the War Powers Resolution,” and “Senate Joint Resolution 23” that in
response to terrorist attacks on the World Trade Center and the Pentagon he had ordered the
“deployment of various combat-equipped and combat support forces to a number of foreign
nations in the Central and Pacific Command areas of operations.” The President noted in
efforts to “prevent and deter terrorism” he might find it necessary to order additional forces
into these and other areas of the world....” He stated that he could not now predict “the scope
and duration of these deployments,” nor the “actions necessary to counter the terrorist threat
to the United States.”
(93) On October 9, 2001, President George W. Bush reported to Congress, “consistent
with the War Powers Resolution,” and “Senate Joint Resolution 23” that on October 7, 2001,
U.S. Armed Forces “began combat action in Afghanistan against Al Qaida terrorists and their
Talban supporters.” The President stated that he had directed this military action in response
to the September 11, 2001 attacks on U.S. “territory, our citizens, and our way of life, and
to the continuing threat of terrorist acts against the United States and our friends and
allies.”This military action was “part of our campaign against terrorism” and was “designed
to disrupt the use of Afghanistan as a terrorist base of operations.”
(94) On November 19, 2001, President George W. Bush reported to Congress,
“consistent with the War Powers Resolution,” that the United States was continuing to
provide approximately 5,500 U.S. military personnel in support of peacekeeping efforts in
Kosovo as part of the NATO-led international security force in Kosovo (KFOR). An
additional 500 U.S. military personnel are deployed as the National Support Element in
Macedonia, with an occasional presence in Greece and Albania. U.S. forces in Kosovo are
assigned to a sector centered around Gnjilane in the eastern portion. President Bush noted
that the mission for these U.S. military forces is maintaining a safe and secure environment
through conducting security patrols in urban areas and in the countryside through their sector.
(95) On January 21, 2002, President George W. Bush reported to Congress, “consistent
with the War Powers Resolution,” that about 3,100 combat-equipped U.S. Armed Forces
continued to be deployed in Bosnia and Herzegovina, and other regional states as part of the
NATO-led Stabilization Force (SFOR).Most were based at Tuzla in Bosnia. About 500
others were based in Hungary, Croatia, and Italy, providing logistical and other support.
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Consultation with Congress
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. A review of instances involving the use of armed forces since passage of the
Resolution, listed above, indicates there has been very little consultation with Congress under
the Resolution when consultation is defined to mean seeking advice prior to a decision to
introduce troops. Presidents have met with congressional leaders after the decision to deploy
was made but before commencement of operations.
One problem is the interpretation of when consultation is required. The War Powers
Resolution established different criteria for consultation than for reporting. Consultation is
required only before introducing armed forces into “hostilities or into situations where
imminent involvement in hostilities is clearly indicated by the circumstances,” the
circumstances triggering the time limit. A second problem is the meaning of the term
consultation. The executive branch has often taken the view that the consultation requirement
has been fulfilled when from the viewpoint of some Members of Congress it has not. The
House report on the War Powers Resolution said, “... consultation in this provision means
that a decision is pending on a problem and that Members of Congress are being asked by the
President for their advice and opinions and, in appropriate circumstances, their approval of
action contemplated.” A third problem is who represents Congress for consultation purposes.
The House version specifically called for consultation between the President and the
leadership and appropriate committees. This was changed to less specific wording in
conference, however, to provide some flexibility. Some Members have introduced proposals
to specify a consultation group.
Issues for Congress
An immediate issue for Congress when the President introduces troops into situations
of potential hostilities is whether to invoke Section 4(a)(1) of the War Powers Resolution and
trigger a durational limit for the action unless Congress authorizes the forces to remain. If
Congress concurs in a President’s action, application of the Resolution may be desirable either
to legitimize the action and strengthen it by making clear congressional support for the
measure or to establish the precedent that the Resolution does apply in such a situation. On
the other hand, some may believe it is preferable to leave the President more flexibility of
action than is possible under the Resolution. Or some may not wish to have a formal vote on
either the issue of applying the Resolution or the merits of utilizing armed forces in that case.
If Congress does not concur in an action taken by a president, the Resolution offers a way to
terminate it.
A longer-term issue is whether the War Powers Resolution is working or should be
amended. Some contend that it has been effective in moderating the President’s response to
crisis situations because of his awareness that certain actions would trigger its reporting and
legislative veto provisions. Or they suggest that it could be effective if the President would
comply fully or Congress would invoke its provisions. Others believe it is not accomplishing
its objectives and suggest various changes. Some have proposed that the Resolution return
to the original Senate-passed version, which would enumerate circumstances in which the
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President needed no congressional authorization for use of armed forces (namely to respond
to or forestall an armed attack against the United States or its forces or to protect U.S.
citizens while evacuating them) but prohibit any other use or any permissible use for more
than 30 days unless authorized by Congress. Others would replace the automatic requirement
for withdrawal of troops after 60 days with expedited procedures for a joint resolution
authorizing the action or requiring disengagement. Still others would repeal the Resolution
on grounds that it restricts the President’s effectiveness in foreign policy or is
unconstitutional.
Several Members have suggested establishing a consultative group to meet with the
President when military action is being considered. Senators Byrd, Nunn, Warner, and
Mitchell introduced S.J.Res. 323 in 1988 and S. 2 in 1989 to establish a permanent
consultation group of 18 Members consisting of the leadership and the ranking and minority
members of the Committees on Foreign Relations, Armed Services, and Intelligence. The bill
would permit an initial consultative process to be limited to a core group of 6 Members —
the majority and minority leaders of both chambers plus the Speaker of the House and
President pro tempore of the Senate. On October 28, 1993, House Foreign Affairs Chairman
Lee Hamilton introduced H.R. 3405 to establish a congressional consultative group equivalent
to the National Security Council.
Thus far, however, executive branch officials and congressional leaders, who themselves
have varying opinions, have been unable to find mutually acceptable changes in the War
Powers Resolution. President Clinton, in Presidential Decision Directive 25 signed May 3,
1994, supported legislation to amend the Resolution along the lines of the Mitchell, Nunn,
Byrd, and Warner proposal of 1989, to establish a consultative mechanism and also eliminate
the 60-day withdrawal provisions. Although many agreed on the consultation group,
supporters of the legislation contended the time limit had been the main flaw in the War
Powers Resolution, whereas opponents contended the time limit provided the teeth of the
Resolution. The difficulty of reaching consensus in Congress on what action to take is
reflected in the fact that in the 104th Congress, only one measure, S. 5, introduced January
4, 1995, by then Majority Leader Dole was subject of a hearing. S. 5, if enacted, would have
repealed most of the existing War Powers Resolution. An effort to repeal most of the War
Powers Resolution in the House on June 7, 1995, through an amendment to the Foreign
Assistance and State Department Authorization Act for FY1996-97 (H.R. 1561) by
Representative Hyde, failed (201-217). Other than these instances, no other War Powers
related legislation was even considered during the 104th Congress.
On March 18, 1998, the House defeated H.Con.Res. 227, a resolution that would have
directed the President, pursuant to section 5(c) of the War Powers Resolution to remove
United States Armed Forces from the Republic of Bosnia and Herzegovina (H.Rept. 105-
442). It was the hope of Representative Tom Campbell, its sponsor, that passage of the
resolution could lead to a court case that would address the constitutionality of the War
Powers Resolution. On March 31, 1998, the House passed a Supplemental Appropriations
bill (H.R. 3579) that would ban use of funds appropriated in it for conduct of offensive
operations against Iraq, unless such operations were specifically authorized by law. This
provision was dropped in the conference with the Senate. On June 24, 1998, the House
passed H.R. 4103, the Defense Department Appropriations bill for FY1999, with a provision
by Representative Skaggs that banned the use of funds appropriated or otherwise made
available by this Act “to initiate or conduct offensive military operations by United States
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Armed Forces except in accordance with the war powers clause of the Constitution (Article
1, Section 8), which vests in Congress the power to declare and authorize war and to take
certain specified, related actions.” The Skaggs provision was stricken by the House-Senate
conference committee on H.R. 4103. No further War Powers-related actions were taken by
Congress by the adjournment of the 105th Congress.
During the 106th Congress, efforts were made to force the President to seek
congressional authority for military operations in Kosovo, leading to votes in the House and
Senate on that issue. Subsequently, Representative Tom Campbell and others sued the
President in Federal Court in an effort to clarify congressional-Executive authority in this
area. A Federal District Court and an Appeals Court refused to decide the case on the merits,
instead holding that the plaintiffs lacked standing to sue. On October 2, 2000, the United
States Supreme Court, let stand the holding of the U.S. Appeals Court (See discussion above
under Kosovo).
During the 1st session of the 107th Congress, the Congress passed S.J.Res. 23, on
September 14, 2001, in the wake of the terrorist attacks against the World Trade Center in
New York City, and the Pentagon building in Arlington, Virginia. This legislation, titled the
“Authorization for Use of Military Force,” passed the Senate by a vote of 98-0; the House
of Representatives passed it by a vote of 420-1. This joint resolution authorizes the President
“to use all necessary and appropriate force against those nations, organizations, or persons
he determines planned, authorized, committed, or aided the terrorist attacks that occurred on
September 11, 2001, or harbored such organizations or persons, in order to prevent any
future acts of international terrorism against the United States by such nations, organizations
or persons." Congress further declared in the joint resolution that “Consistent with section
8(a)(1) of the War Powers resolution,” the above language is “intended to constitute specific
statutory authorization within the meaning of section 5(b) the War Powers Resolution.”
S.J.Res. 23 further stated that “Nothing in this resolution supersedes any requirement of the
War Powers Resolution.” President George W. Bush signed S.J. Res. 23 into law on
September 18, 2001 (P.L. 107-40, 115 Stat. 224).
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