[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                   CONSULTATION BETWEEN THE BRANCHES

  Mr. PELL. Mr. President, over a number of years, the Committee on 
Foreign Relations and other committees of the Congress have had 
difficulty in ensuring effective and meaningful consultations by the 
Executive Branch on key issues. Over time I, as chairman of the 
committee, as well as other members have expressed dissatisfaction with 
the consultation practice and there have been some improvements in 
certain areas. Unfortunately, the situation has remained far from 
satisfactory.
  In the last year, several events have drawn attention to the problem. 
Last November, the administration decided to seek changes in the 1972 
Anti-Ballistic Missile Treaty and dispatched a National Security 
Council staffer to broach the subject with the Russians. That 
negotiation was in process before the Committee on Foreign Relations 
was informed as to the administration's thinking on the matter and the 
decision to proceed was taken without particular regard for whether 
members of the committee agreed with the approach and the decision.
  A second problem occurred more recently, when the committee learned 
of the administration's nuclear posture view from the newspapers. We 
were subsequently informed that the Pentagon had been tasked to tell us 
about this view but failed to carry out the assignment.
  It might well be that decision makers, including the President, could 
make more informed decisions if they were to receive the benefits of 
the committee's assessment when significant foreign policy issues are 
faced. It might even be that the ensuing decisions could be better. In 
any event, they certainly would be the product of serious attention by 
both the Members and the officials of the Executive Branch.
  A nominee recently considered by the Senate has certain 
responsibilities with regard to consultation, and the Senator from 
Illinois (Mr. Simon) and I raised the matter of consultation with him. 
It soon became clear that corrections should be sought from the White 
House to ensure that all departments of the government understood the 
necessity of true consultation with the Committee on Foreign Relations 
as well as other committees. At Senator Simon's request, the Deputy 
Assistant to the President for National Security affairs, Samuel R. 
Berger, provided assurances to the Committee. I ask unanimous consent 
that Mr. Berger's letter to me be printed in the Record following my 
remarks.
  Mr. President, there are a number of people of good will and good 
intent in this administration. I know that they do not truly desire a 
situation in which information is shared grudgingly and belatedly. They 
would desire a situation in which information was shared more openly 
and true consultation was arranged when appropriate.
  Too often the Congress and the Executive Branch are in needless and 
pointless conflict as they attempt to chart the proper course in 
matters central to our national interests. I take Mr. Berger's 
communication to this committee as a genuine commitment to seek a 
better way that will be of benefit both to the Executive Branch and the 
Congress, and by extension the Nation.
  Thank you, Mr. President.

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