[Congressional Record Volume 154, Number 128 (Wednesday, July 30, 2008)]
[Senate]
[Pages S7769-S7770]
From the Congressional Record Online through the 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 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

[[Page S7770]]

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.

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