War Powers Resolution: Presidential Compliance Page: 5 of 21
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CRS-2
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withdrawn.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 detailed background, see CRS Report RL32267, The War Powers
Resolution: After Thirty-Three Years, by Richard F. Grimmett, and CRS Report
RL31133, Declarations of War and Authorizations for the Use of Military Force:
Historical Background and Legal Implications, by Jennifer Elsea and Richard F.
Grimmett.) 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.
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Grimmett, Richard F. War Powers Resolution: Presidential Compliance, report, June 12, 2007; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc817194/m1/5/: accessed May 2, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.