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H.J.Res. 462 (100th): War Powers Amendments of 1988

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Feb 18, 1988.

War Powers Amendments of 1988 - Amends the War Powers Resolution to permit the introduction of U.S. armed forces to: (1) forestall a direct and imminent threat of an armed attack on the United States or the armed forces: and (2) protect U.S. citizens during their evacuation from any situation on the high seas or any country in which such citizens are subject to a direct and imminent threat to their lives, either by a government or beyond the power of the appropriate government to control. Directs the President to make every effort to terminate such threat without the use of the armed forces and, when possible, to obtain consent of the government of the country involved before using U.S. armed forces to protect endangered U.S. citizens. Limits the emergency use of U.S. armed forces to such use as is essential for the protection of threatened U.S. citizens. Prohibits the use of Federal funds for any introduction of U.S. armed forces into hostilities which is not authorized under such Resolution. Outlines the specific consultation required between the President and the Congress before the introduction of U.S. armed forces into hostilities or situations in which the imminent involvement in hostilities is clearly indicated. Requires the President to ask designated members of the Congress for their advice and opinions and, in appropriate circumstances, their approval of the action contemplated. Declares that the consultation requirement is not met merely by the Congress being informed about the situation. Directs the President to remove U.S. armed forces from hostilities within 60 days after the armed forces are introduced, unless the Congress has taken certain action effectively extending such use of the armed forces. Prohibits funds from being used to extend the use of such armed forces unless the Congress has taken such extending action. Provides that any Member of Congress has standing to bring an action alleging that the President or the armed forces have not complied with any provision of such Resolution. Prohibits the court hearing such an action from declining to determine such case on the ground that the issue is a political question or otherwise nonjusticiable.