What I am interested in is if there are any tangible proposals for the establishment of a new modern war powers system in the U.S.?
The following excerpt from a Congressional Research Service report identifies several proposed amendments to the War Powers Resolution. These are shown as an emboldened list. The text of the proposals is not shown for brevity.
The War Powers Resolution: Concepts and Practice, Updated March 8, 2019.
Proposed Amendments
After four decades in existence, controversy continues over the War Powers Resolution and its effectiveness and appropriateness as a system for maintaining a congressional role in the use of armed forces in conflict. One view is that the War Powers Resolution is basically sound and does not need amendment. Those who hold this opinion believe it has brought about better communication between the two branches in times of crisis, and has given Congress a vehicle by which it can act when a majority of Members wish to do so. The Resolution served as a restraint on the use of armed forces by the President in some cases because of awareness that certain actions might invoke its provisions. For example, the threat of invoking the War Powers Resolution may have been helpful in getting U.S. forces out of Grenada, in keeping the number of military advisers in El Salvador limited to 55, and in prodding Congress to take a stand on authorizing the war against Iraq.
A contrary view is that the War Powers Resolution is an inappropriate instrument that restricts the President’s effectiveness in foreign policy and should be repealed. Those with this perspective believe that the basic premise of the War Powers Resolution is wrong because in it, Congress attempts excessive control of the deployment of U.S. military forces, encroaching on the responsibility of the President. Supporters of repeal contend that the President needs more flexibility in the conduct of foreign policy and that the time limitation in the War Powers Resolution is unconstitutional and impractical. Some holding this view contend that Congress has always had the power, through appropriations and general lawmaking, to inquire into, support, limit, or prohibit specific uses of U.S. Armed Forces if there is majority support. The War Powers Resolution does not fundamentally change this equation, it is argued, but it complicates action, misleads military opponents, and diverts attention from key policy questions.
A third view is that the War Powers Resolution has not been adequate to accomplish its objectives and needs to be strengthened or reshaped. Proponents of this view assert that Presidents have continued to introduce U.S. armed forces into hostilities without consulting Congress and without congressional authorization. Presidents have cited Section 4(a)(1) on only one occasion—Mayaguez—and by the time the action was reported, it was virtually over.
Holders of this third view have proposed various types of amendments to the War Powers Resolution. These include returning to the version originally passed by the Senate, establishing a congressional consultation group, adding a cutoff of funds, and providing for judicial review. A general discussion of these categories of possible changes follows.
Return to Senate Version: Enumerating Exceptions for Emergency Use
Shorten or Eliminate Time Limitation
Replace Automatic Withdrawal Requirement
Cutoff of Funds
Elimination of Action by Concurrent Resolution
Expedited Procedures
Consultation Group
Judicial Review
Change of Name
United Nations Actions
Legislation in the 116th Congress (2019-2020) includes 23 bills or resolutions referencing the War Powers Resolution (50 U.S.C. 1541).
Three are directed toward "reforming" the War Powers Resolution.
- S.J.Res.60 - War Powers Reform Resolution
Introductory text from the resolution
To amend the War Powers Resolution to improve requirements and limitations in connection with authorizations for use of military force and narrowings and repeals of such authorizations, and for other purposes.
- H.J.Res.83 - War Powers Reform Resolution
Introductory text from the resolution
To amend the War Powers Resolution to improve requirements and limitations in connection with authorizations for use of military force and narrowings and repeals of such authorizations, and for other purposes.
- H.J.Res.66 - War Powers Amendments of 2019
CRS Summary as introduced in the House
This joint resolution revises the War Powers Resolution, a law designed to limit the President's power to introduce Armed Forces into hostilities. Changes include shortening the time that Armed Forces may be involved in hostilities without congressional action and providing for judicial enforcement.
The President shall remove any Armed Forces introduced into hostilities without congressional approval within 30 days unless Congress (1) declares war, (2) enacts a joint resolution specifically authorizing such use of the Armed Forces, (3) extends this deadline by 30 days, or (4) is unable to meet because of an attack on the United States. Current law allows such use of the Armed Forces for 60 days from when the President first reports to Congress about the engagement and allows for a 60-day extension.
If Congress takes no such actions, funds may not be used to continue Armed Forces involvement in the hostilities, except to withdraw.
The bill removes a provision requiring the removal of such engaged Armed Forces if Congress passes a concurrent resolution requiring such removal.
A member of Congress may sue in district court for an order directing the President to comply with this bill. A judgment in such an action shall be directly appealable to the Supreme Court.
The bill amends various provisions relating to (1) the President reporting to and consulting with Congress regarding the use of the Armed Forces without congressional authorization, and (2) procedures for the expedited handling of joint resolutions related to such use of force.