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              Congressionalm
           R ~Fesearch Service






U.S. Strikes on Houthi Targets in Yemen Raise

War Powers Issues



February 9, 2024

Following attacks from Houthi-controlled areas of northern Yemen on shipping vessels and U.S. and
allied naval forces in the Red Sea since November 2023, U.S. armed forces in the region have struck
Houthi targets in Yemen on several occasions, beginning January 11, 2024. Some Members of Congress
have questioned the President's authority to take such action and asserted Congress's constitutional role in
such decisions, while others have supported the President's decision. The War Powers Resolution (WPR;
P.L. 93-148; 50 U.S.C. @@ 1541-1548) contains provisions designed to guide Congress to address
presidential use of U.S. armed forces, requiring the President to inform Congress of certain deployments
and providing a roadmap for congressional authorization or disapproval of unilateral presidential action.

Presidential  Reporting  Under   the War  Powers  Resolution
The WPR  creates a process for presidential consultation with and notification to Congress concerning
decisions to use U.S. armed forces. Pursuant to Section 4, the President must notify the Speaker of the
House and the President pro tempore of the Senate within 48 hours after United States Armed Forces are
introduced into active or imminent hostilities, or otherwise into a foreign nation while equipped for
combat. The notification must describe the circumstances necessitating the introduction, the estimated
scope and duration of the hostilities or involvement, and the constitutional and legislative authority for
the decision. The President is required to provide such other information as the Congress may request
in connection with a notification.
President Biden has provided multiple WPR notifications, beginning January 12, 2024, regarding the
strikes in Yemen, stating they were intended to deter and degrade future Houthi attacks against U.S. forces
and commercial vessels in the Red Sea. The President asserted that his authority under Article II of the
Constitution permitted the military action. The notifications characterized the strikes as discrete and
indicated the President would order additional strikes as necessary ... to address further threats or
attacks. U.S. armed forces had used military force previously in response to Houthi attacks, but no
publicly available WPR notification seemingly addresses these incidents.




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