PREPARED STATEMENT OF REPRESENTATIVE WILLIAM S. BROOMFIELD MR. CHAIRMAN, MEMBERS OF THE COMMITTEE: I AM VERY PLEASED TO APPEAR BEFORE YOUR COMMITTEE THIS MORNING TO TESTIFY ON THE ISSUE OF THE WAR POWERS RESOLUTION OF 1973 - THE NEED FOR IMPROVEMENTS AND POSSIBLE SOLUTIONS TO THE AMBIGUITIES OF EXISTING LAW. ALONG WITH MY GOOD FRIEND, CHAIRMAN FASCELL OF THE FOREIGN AFFAIRS COMMITTEE, I WAS ONE OF THE ORIGINAL COSPONSORS OF THE WAR POWERS RESOLUTION IN THE HOUSE OF REPRESENTATIVES. HOWEVER, OVER THE YEARS, I HAVE FOUND THAT THE WAR POWERS RESOLUTION HAS NOT WORKED AS ORIGINALLY ENVISIONED. THE WAR POWERS RESOLUTION AS YOU KNOW, THE WAR POWERS RESOLUTION WAS DRAFTED TO CONFRONT THE ISSUES OF THE ENTANGLEMENT OF U.S. ARMED FORCES IN THE INDOCHINESE CONFLICT. CONGRESS NEVER DECLARED WAR ON VIETNAM OR TOOK ANY DEFINITIVE ACTION CONCERNING THE DEPLOYMENT OF U.S. COMBAT FORCES TO INDOCHINA. THE WAR POWERS RESOLUTION WAS INTENDED TO PREVENT A RECURRENCE OF THIS PROBLEM. AS A RESULT, THE RESOLUTION CONTAINS PAGE 2 IN ADDITION, THE PRESIDENT IS REQUIRED UNDER THE WAR POWERS RESOLUTION TO CONSULT WITH CONGRESS IN EVERY POSSIBLE INSTANCE BEFORE INTRODUCING U.S. FORCES INTO HOSTILE SITUATIONS. WHEN THE PRESIDENT ACTUALLY INTRODUCES FORCES INTO SUCH A SITUATION HE IS REQUIRED TO REPORT TO CONGRESS WITHIN 48 HOURS. AND THE WAR POWERS RESOLUTION WAS PASSED OVER PRESIDENTIAL VETO. - WHILE PRESIDENTS HAVE BY AND LARGE FULFILLED ITS REPORTING REQUIREMENTS - NO PRESIDENT HAS CONCEDED THE CONSTITUTIONALITY OF THE REQUIREMENT TO WITHDRAW FORCES IN THE ABSENCE OF CONGRESSIONAL AUTHORIZATION. PERSIAN GULF SITUATION CURRENT CONSIDERATION OF AMENDMENTS TO THE WAR POWERS RESOLUTION RESULT FROM THE ONGOING U.S. NAVAL OPERATIONS IN THE PERSIAN GULF. SOME IN CONGRESS FEEL THAT THERE HAS BEEN INADEQUATE CONSULTATION BY THE ADMINISTRATION NOT ONLY ON THE COMMENCEMENT OF THESE OPERATIONS BUT ON CHANGES IN POLICY OVER TIME. I MYSELF EXPRESSED RESERVATIONS REGARDING THE ADMINISTRATION'S DECISION LAST YEAR TO PERMIT THE REFLAGGING OF KUWAITI TANKERS SO THAT THEY WOULD QUALIFY FOR U.S. NAVAL PROTECTION. SINCE THAT TIME, HOWEVER, I HAVE COME TO BELIEVE THAT THE U.S. MILITARY OPERATIONS IN THE PERSIAN GULF HAVE BEEN SURPRISINGLY SUCCESSFUL IN MEETING THEIR LIMITED OBJECTIVES. PAGE 3 THE ADMINISTRATION'S DECISION TO PROVIDE PROTECTION TO THE KUWAITI TANKERS OVERSHADOWED SIMILAR OFFERS BY THE SOVIETS, THEREBY LESSENING THE POTENTIAL FOR GREATER SOVIET INFLUENCE. THE PROTECTION OF THE TANKER CONVOYS, AND SUBSEQUENT NAVAL OPERATIONS, HAS ALSO STRENGTHENED THE SOLIDARITY OF THE WESTERN ALLIANCE IN THE FACE OF THE THREAT TO FREEDOM OF NAVIGATION IN THE GULF. FINALLY, UNITED STATES ACTIONS HAVE SENT AN IMPORTANT SIGNAL OF U.S. DETERMINATION TO OUR FRIENDS AND ADVERSARIES ALIKE. DESPITE THEIR OVERALL SUCCESS, ADMINISTRATION ACTIONS IN THE PERSIAN GULF HAVE CAUSED CONSIDERABLE CONCERN IN CONGRESS. WHILE THE PRESIDENT HAS CAREFULLY REPORTED ON ALL MAJOR ENGAGEMENTS INVOLVING U.S. FORCES, MANY MEMBERS OF CONGRESS HAVE FELT THE NEED FOR GREATER CONSULTATION ON POLICY. AMENDMENTS TO WAR POWERS RESOLUTION THE MILITARY OPERATIONS IN THE GULF HAVE POINTED OUT THE DIFFICULTIES THAT FACE CONGRESS IN CLAIMING A ROLE IN THE DECISION PROCESS OF DEPLOYING U.S. MILITARY FORCES OVERSEAS. THESE OPERATIONS HAVE LED TO SEVERAL PROPOSALS TO AMEND THE WAR POWERS RESOLUTION. THE CHIEF PROPOSAL CURRENTLY UNDER CONSIDERATION IS S.J. RES. 323, BEING CONSIDERED BY THIS COMMITTEE, AND ITS COMPANION BILL, H.J. RES. 601, BEFORE THE FOREIGN AFFAIRS COMMITTEE IN THE HOUSE. PAGE 4 THIS MEASURE, INTRODUCED BY A DISTINGUISHED BIPARTISAN GROUP OF SENATORS, WOULD ELIMINATE THE 60-DAY TROOP WITHDRAWAL REQUIREMENT OF THE WAR POWERS RESOLUTION. IN ITS PLACE, IT WOULD ESTABLISH A PROCEDURE FOR THE EXPEDITED CONSIDERATION OF RESOLUTIONS TO APPROVE OR LIMIT THE DEPLOYMENT OF U.S. FORCES. MECHANISM FOR CONSULTATION WITH CONGRESS THE MOST NOVEL ASPECT OF S.J. RES. 323, HOWEVER, IS THAT IT WOULD CREATE A PERMANENT CONSULTATIVE GROUP OF THE LEADING MEMBERS OF CONGRESS TO SERVE AS THE FOCUS OF CONSULTATIONS REQUIRED UNDER THE WAR POWERS RESOLUTION. THIS GROUP OF EIGHTEEN MEMBERS WOULD INCLUDE THE BIPARTISAN LEADERSHIP AND THE CHAIRMEN AND RANKING MINORITY MEMBERS OF THE RELEVANT AUTHORIZING COMMITTEES. I AGREE WITH THE THRUST OF THIS APPROACH, WHICH IS DESIGNED TO ENCOURAGE FULLER CONSULTATION BETWEEN THE PRESIDENT AND CONGRESS ON POTENTIAL DEPLOYMENT OF U.S. FORCES OVERSEAS. HOWEVER, I DO NOT ENDORSE THE CONCEPT. I FEEL THAT IT COULD BE COUNTERPRODUCTIVE TO FORMALLY ESTABLISH THE "CONSULTATIVE GROUP" CONTAINED IN THE BILL. THE LEADERSHIP AND SENIOR MEMBERS OF THE RELEVANT COMMITTEES SHOULD BE CONSULTED WHENEVER POSSIBLE. THE LEADERS, CHAIRMEN AND RANKING MEMBERS OF BOTH HOUSES SHOULD BE CONSULTED BECAUSE OF THEIR ELECTED LEADERSHIP RESPONSIBILITIES. BUT CREATION OF A REGULAR GROUP FOR THIS PURPOSE WOULD ESTABLISH POTENTIALLY CUMBERSOME MACHINERY THAT COULD ACTUALLY IMPEDE TRUE CONSULTATION. PAGE 5 - UNDER THE BILL, THE PRESIDENT COULD LIMIT CONSULTATION TO A GROUP OF SIX LEADERS THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEM OF THE SENATE, AND THE MAJORITY AND MINORITY LEADERS OF BOTH HOUSES. BUT UNDER THE SPECIFIED PROCEDURES, THESE MEMBERS COULD REQUEST AT ANY TIME THAT THE FULL GROUP BE BROUGHT IN. THIS COULD BECOME A SOURCE OF TENSION AND AN IRRITANT TO PRESIDENTIAL CONSULTATION IN EXTREMELY SENSITIVE SITUATIONS. - LIKE MOST CONGRESSIONAL ORGANIZATIONS THE ALSO CONSULTATIVE GROUP COULD BEGIN TO ACQUIRE ADDITIONAL FUNCTIONS AND PREROGATIVES, INCLUDING STAFF. THIS COULD FURTHER IMPEDE MEANINGFUL CONSULTATION AND DIMINISH THE ORIGINAL PURPOSE OF THE GROUP TO PROVIDE A BRIDGE FOR CONSENSUS AND ADVICE. EXPEDITED PROCEDURES FOR CONGRESSIONAL CONSIDERATION ONE OF THE FUNCTIONS SPECIFIED FOR THE CONSULTATIVE GROUP IN THE BILL WOULD BE TO INTRODUCE A JOINT RESOLUTION FOR EXPEDITED PROCEDURE. SUCH A RESOLUTION WOULD APPROVE OR DISAPPROVE A PARTICULAR MILITARY DEPLOYMENT. WITH ALL DUE RESPECT, MR. CHAIRMAN, I WONDER WHETHER IT IS APPROPRIATE TO reserve THIS FUNCTION FOR ANY PARTICULAR GROUP OF CONGRESSMEN. IN MY OWN VIEW, IT WOULD BE PREFERABLE TO REQUIRE THAT A PARTICULAR NUMBER OF THE MEMBERS OF THE HOUSE IN WHICH THE RESOLUTION WERE INTRODUCED COSPONSOR IT. |