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1 1 (December 17, 2025)

handle is hein.crs/govetah0001 and id is 1 raw text is: a Congressional Research Service Informing the legislative deb4~ since 1914 December 17, 2025 Understanding the War Powers Resolution Under the Constitution, authority concerning the use of the military is divided between Congress and the President. In the wake of the Vietnam War, concern increased in Congress about presidential use of U.S. Armed Forces without congressional authorization. On November 7, 1973, Congress enacted the War Powers Resolution (WPR; P.L. 93-148; 50 U.S.C. Ch. 33) over the veto of President Nixon, creating a structure for Congress to respond to the introduction of U.S. Armed Forces into situations that involve or might lead to hostilities. For historic information on the WPR, its application, and related policy issues, see CRS Report R42699, The War Powers Resolution: Concepts and Practice, by Matthew C. Weed. Structure of the ar Powers Resolution The WPR's provisions, detailed below, operate to provide Congress with the information and roadmap to make decisions alongside the President about the use of the military. Under the WPR, the President is required to inform and consult with Congress about possible and current uses of U.S. Armed Forces, and Congress may or may not act in expedited fashion to authorize or limit presidential use of the military. Title (Section 1) Although the legislation is sometimes referred to as the War Powers Act, Section 1 establishes the title of the legislation as the War Powers Resolution. Adding to the possible confusion, measures introduced pursuant to the expedited consideration procedures in Sections 6 and 7 (see below) are often termed war powers resolutions, but these measures are separate from the War Powers Resolution itself. As explained below, the War Powers Resolution creates a structure and process under which individual war powers measures are considered. Purpose, Policy, and Role of Congress (Section 2) Section 2(a) states that the WPR's purpose is to insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities. Section 2(b) explains that Congress's authority to legislate on war powers emanates from the Necessary and Proper Clause of the Constitution, which grants Congress the power to make all laws necessary and proper for carrying into execution the powers of the federal government, including those of the executive branch. Section 2(c) states that the powers of the President as Commander in Chief to introduce U.S. Armed Forces into hostilities are limited, exercised only pursuant to a declaration of war or other specific statutory authorization from Congress, or a national emergency created by attack on the United States or its Armed Forces. Consultation with Congress (Section 3) 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 ongoing or imminent hostilities, and to continue consultations as long as the Armed Forces remain in such situations. Notification to Congress (Section 4) Section 4 is the WPR's central provision, designed to ensure that Congress is notified of military deployments that could involve the exercise of congressional war powers. Section 4(a)(1) requires the President, in the absence of a declaration of war, to notify the Speaker and President Pro Tempore within 48 hours after U.S. Armed Forces are introduced into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances. While hostilities is not defined in the WPR, the House report accompanying the original measure stated that the term includes not only a situation in which fighting actually has begun, but also a state of confrontation in which no shots have been fired but where there is a clear and present danger of armed conflict. The report indicated that imminent hostilities includes a situation in which there is a clear potential either for such a state of confrontation or for actual armed conflict. Section 4(a)(2) and (3) require the President to report other deployments of U.S. Armed Forces 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 additional deployments in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation. All Section 4(a) notifications must include information on (1) the circumstances necessitating the introduction of United States Armed Forces; (2) the constitutional and legislative authority under which such introduction took place; and (3) the estimated scope and duration of the hostilities or involvement. Section 4(c) requires the President to report to Congress periodically, and at least every six months, on continuing deployments of U.S. forces reported under Section 4(a). Congressona Response to an Introduction of U.S. Arrned Forces (Secton 5) Section 5 sets out possible congressional responses to authorize or terminate an unauthorized presidential use of the military. Pursuant to Section 5(a), a Section 4 report of hostilities shall be transferred to both the House Foreign Affairs and Senate Foreign Relations Committees for consideration. Section 5(b) states that when the President