[Congressional Record Volume 145, Number 44 (Friday, March 19, 1999)]
[Senate]
[Pages S2997-S2998]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                                 KOSOVO

  Mr. SPECTER. Mr. President, we face a matter of utmost seriousness as 
events are evolving with respect to Kosovo and the massing of a large 
amount of Serbian troops about to strike imminently, according to all 
reports. Ethnic cleansing is already being undertaken in the form of 
brutal attacks on people in Kosovo. Large numbers of people--according 
to media reports; and since confirmed--were lined up, asked to kneel, 
pistols placed behind their heads, and executed in cold-blooded murder. 
This follows a pattern of ethnic cleansing which has gone on for many 
years in Bosnia.
  The United States is considering, in conjunction with NATO forces, 
air attacks. In the context of what is likely to go on in Kosovo, these 
are in fact, acts of war which call for authorization by the Congress 
of the United States under the U.S. Constitution.
  We have seen in modern times this constitutional mandate violated by 
unilateral action by the President, arguably under his authority as 
Commander in Chief. It is true that he has substantial authority as 
Commander in Chief to act in times of emergency, but when Congress has 
an opportunity to deliberate and to consider the issue, it

[[Page S2998]]

is the congressional authority and congressional responsibility to act 
if the United States is to be engaged in war.
  Presidents are traditionally reluctant--unwilling really--to come to 
the Congress to ask for authorization because they do not want to make 
any concessions about what they consider to be their unilateral 
authority as Commander in Chief. That, in fact, was the tact taken by 
President Bush when he declined to come to Congress to ask for a 
resolution authorizing the use of force in 1991.
  However, debate was undertaken. We had historic debates on this floor 
on January 10, 11, and 12. Finally, a resolution was passed in the 
House and passed in the Senate. The resolution which passed here was by 
a very narrow margin of 52-47. But the hand of the President was 
strengthened immeasurably by the congressional action.
  We have seen the brutal historical fact of life that a war cannot be 
maintained--such as the Vietnam war--without public and congressional 
support. There was a Senate briefing yesterday by the Secretary of 
State, the Secretary of Defense, the National Security Adviser, and the 
Chairman of the Joint Chiefs of Staff outlining a number of the issues 
relating to possible military action in Kosovo. This morning, President 
Clinton met with a large group of Senators and Members of the House of 
Representatives in a session which lasted approximately 2 hours, going 
over a great many of these issues.
  I believe it is fair to say that although there has been some 
dissent, most of those in attendance stated that they believe that 
acting against Serbia, a sovereign nation, in the context of this case 
does constitute an act of war and should require congressional 
authorization. I commend our distinguished majority leader, Senator 
Lott, for taking steps today after that meeting occurred to try to 
bring this issue to a vote.
  There is an amendment pending on the supplemental appropriations bill 
stating that there should not be airstrikes taken by the administration 
without prior congressional authority. I believe this is a very sound 
proposition.
  In my view, it is very important that there be a national debate, and 
that there be an understanding by the American people of precisely what 
is involved if we undertake airstrikes in Kosovo. This is not a matter 
where the airstrikes can be limited to missile strikes which do not put 
Americans in harm's way. If there are airstrikes with aircraft, 
considering all of the factors at play here, there is a very, very 
serious risk of casualties. That is something which none of us takes 
lightly. Certainly the American people are very reluctant, as the 
American people should be, to see those kinds of risks undertaken; and 
the Congress is very reluctant--really, unwilling--to take those risks 
unless there is a clear statement of what our national interests are. 
And if they warrant that kind of military action.

  The Constitution gives the sole authority to involve the U.S. 
Military in war to the Congress of the United States. One of the 
problems with this issue is that too often when confronted, there is a 
tendency on the part of the Congress--candidly--to duck. In February of 
1998 when missile strikes were imminent against Iraq, they never came 
to pass. The Congress had an opportunity to debate and act on the issue 
and decided not to act.
  Last fall, and again this past December, we had missile strikes 
against Iraq and, again, the Congress of the United States had an 
opportunity and authority to face up to that issue and decided not to 
act. Now, with the imminence of military action in Kosovo, in my view, 
it is imperative that this issue be debated by the Senate. It has been 
debated by the House of Representatives and they had a narrow, but 
favorable vote--a close vote--supporting peacekeepers, conditioned on a 
peace agreement being entered into. The agreement has not since 
happened, so that resolution is really irrelevant at this point.
  But it is my hope that when the President addresses the Nation this 
afternoon at 4 o'clock, as he is scheduled to do, that will trigger a 
very extensive national debate. That is not the kind of debate that is 
going to be triggered by one Senator in an empty Senate Chamber 
speaking on C-SPAN 2, but the American people need to know what is 
involved. They need to know that there are risks involved, and there 
has to be the formulation of a national judgment to undertake this risk 
if we are, in fact, to move forward.
  I have found in my contacts with people from my State of Pennsylvania 
that the people do not yet understand Bosnia, do not understand why we 
are there. We have the bitter experience of Somalia, when we saw the 
television picture of American soldiers being dragged through the 
streets, and we beat a hasty retreat.
  We ought not to undertake military action in Kosovo unless we are 
prepared for the eventualities. I think it is a very useful matter to 
have the issue formulated in the Senate, to have debate on Monday and 
Tuesday, to follow up on the President's presentation, and to make a 
determination as to what our national policy should be. While bearing 
in mind that it is the role of the Congress to authorize the use of 
force if, in fact, it is to be undertaken.
  I thank the Chair and yield the floor.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. GORTON. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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