[Congressional Record (Bound Edition), Volume 154 (2008), Part 12] [Senate] [Pages 17031-17032] [From the U.S. Government Publishing Office, www.gpo.gov]THE WAR POWERS CONSULTATION ACT OF 2009 Mr. WARNER. Mr. President, today I recognize the members of the National War Powers Commission, particularly the cochairs and my dear friends--former Secretaries of State James A. Baker and Warren Christopher--for their distinguished and valuable work in bringing forward this critical legislation to address this important issue to our Nation. Few would dispute that the most important, and perhaps the most fateful, decisions our leaders make involve the decision of whether to go to war. Yet after more than 200 years of constitutional history, the extent of the powers the respective branches of government possess in making such decisions is still heavily debated. Let me first outline some points regarding the legislative history of the War Powers Resolution. On November 7, 1973, Congress passed the War Powers Resolution over President Nixon's veto, by a vote of 284 to 135 in the House, and a vote of 75 to 18 in the Senate. The legislation was passed purportedly to restore a congressional role in authorizing the use of force that was thought by many to have been lost in the Cold War and Vietnam war. The War Powers Resolution was intended to [[Page 17032]] provide a mechanism for Congress and the President to participate in decisions to send members of the U.S. Armed Forces into hostilities. Less than 2 years after its passage by Congress in 1973, legislative proposals were introduced to amend the War Powers Resolution. The War Powers Resolution continued to raise concerns among the executive and legislative branches of government throughout the next decade as the Nation faced such situations as in El Salvador, Lebanon, and Libya. Several legislative proposals were introduced in Congress to modify or repeal the War Powers Resolution. These legislative proposals were referred to the appropriate committee on the House or Senate side, but none were ever passed by Congress. The War Powers Resolution again became an issue regarding activities in the Persian Gulf after an Iraqi aircraft fired a missile on the USS Stark on May 17, 1987, killing 37 sailors. Shortly afterwards, the United States began to reflag Kuwaiti oil tankers and provide a U.S. naval escort for Kuwaiti oil tankers through the Persian Gulf. As military escalation also continued to increase in the Persian Gulf region as a result of the Iran-Iraq War, the Congress became concerned that U.S. forces could be committed to the region without consultation between the executive and legislative branch. Consequently, 20 years ago, on May 19, 1988, I, along with two of our former colleagues--Senators Mitchell and Nunn--joined Senator Byrd and introduced the War Powers Resolution Amendments of 1988, known as S.J. Res. 323. Senator Boren later joined as well as a cosponsor of this legislation in June 1988. I humbly state today that I was the only Republican cosponsor of the legislation. This piece of legislation, however, was referred to the Senate Foreign Relations Committee, where it remained. Subsequently, on January 25, 1989, I again joined Senator Byrd, but this time along with five of our former colleagues--Senators Boren, Cohen, Danforth, Mitchell, and Nunn--and introduced the War Powers Resolution Amendments of 1989, known as S. 2. Our former colleagues and I proposed legislation to modify the War Powers Resolution of 1973. These amendments were intended to: require the President to consult with six designated Members of Congress ``in every instance in which consultation is'' required under the War Powers Resolution of 1973; require the President and the six designated Members of Congress to ``establish a schedule of regular meetings'' to ``ensure adequate consultation on vital national security issues;'' establish a ``permanent consultative group'' within Congress, which would be comprised of 18 Members of Congress; and require the President to consult with the permanent consultative group at the request of a majority of the 6 designated Members of Congress, unless the President determines that consultation needs to be limited for national security purposes. Unfortunately, neither of these proposed pieces of legislation were voted on by the Senate. However, I subsequently cosponsored another similar piece of legislation, the Peace Powers Act of 1995, sponsored by our former distinguished majority leader, Senator Bob Dole. Hearings were held on this piece of legislation by the Senate Foreign Relations Committee, where it remained. For over 35 years, despite these and similar legislative efforts, no modifications were made to the War Powers Resolution Act of 1973. Today, there still remains no clear mechanism or requirement for the President and Congress to consult before committing the Nation to war. It is this Senator's opinion that the Nation benefits when the President and Congress consult frequently, deliberately, and meaningfully regarding matters of national security-and-that is exactly why I felt compelled to bring to my colleagues attention the important work recently completed by the National War Powers Commission. The National War Powers Commission was formed in February 2007--by the University of Virginia's Miller Center of Public Affairs, which is directed by Virginia's former Governor Gerald L. Baliles--to examine the respective war powers of the President and Congress. The University of Virginia, the College of William and Mary, Rice University, and Stanford University served as partnering institutions. On July 8, 2008, after more than 13 months of study, the Commission released their report and recommendations. I wanted to bring to the attention of my colleagues the important work done by this distinguished Commission to the War Powers Consultation Act of 2009. I strongly recommend that those interested in this important subject contact the University of Virginia's Miller Center of Public Affairs and also review a copy of the Commission's comprehensive report, titled ``National War Powers Commission Report,'' which can be accessed at the Miller Center's Web site, www.millercenter.org. The exemplary work by the National War Powers Commission, concluded with the following recommendations: the law purporting to govern the Nation's decision to engage in war--the War Powers Resolution--has failed to promote cooperation between the two branches of government; the War Powers Resolution of 1973 is ineffective at best and unconstitutional at worst; and the War Powers Resolution of 1973 should be replaced by a new law that would, except for emergencies, require the President and Congress to consult before going to war. I would specifically like to draw my colleagues attention to the Commission's legislative proposal, the War Powers Consultation Act of 2009. This proposed legislation contains four key components. These key components are: First, this legislation would replace the War Powers Resolution of 1973. It would ensure that Congress has an opportunity to consult meaningfully and deliberately with the President regarding significant armed conflicts, and would ensure that Congress has the opportunity to express its views as part of a consultative process. Second, this statute would create a process that will encourage the two co-equal branches of government to cooperate and consult in a way that is deliberate, practical, and true to the spirit of the Constitution. Third, the act would establish a ``Joint Congressional Consultation Committee'' with a ``permanent, bi-partisan joint professional staff'' with access to all relevant intelligence and national security information. Fourth, and finally, the act would require the President to consult with the Joint Congressional Consultation Committee ``[b]efore ordering the deployment of United States armed forces into significant armed conflict''--lasting longer than one week--and would mandate regular consultation thereafter. I have always believed that Congress has an important and central role in the decision of the deployment of our men and women of the armed forces into harm's way. Undoubtedly, the War Powers Consultation Act of 2009 would provide Congress and the President a well-defined mechanism for consultation on matters of the use of force in armed conflict. The decision to commit our country to war is by far one of the most critical decisions that faces our Nation's leaders. This proposal seeks a concrete and pragmatic solution to a longstanding problem that is only getting more difficult in a time where our Nation will continue to face unconventional threats and warfare. I urge my colleagues to review this important material and work together, with the next administration, to find a solution to this ever-present debate between a President and the Congress over their respective constitutional powers. ____________________