CONCERNING THE WAR POWERS OF CONGRESS AND THE PRESIDENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000700090003-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 16, 2016
• Document Release Date: May 16, 2005
• Sequence Number: 3
• Publication Date: August 2, 1971
• Content Type: OPEN

August '. - Approved For Release 2005/06/06 : CIA-RDP75B0038OR000700090003-7
2, CONGRESSIONAL RECORD-, HOUSE
Hicks, Mass. Mizell Scott
hicks, Wash. Mollohan Sebelius
Hogan Monagan Selberling
Holifleld Moorhead Shipley
Horton Morgan Shoup
Hosmor Moss Shriver
Howard Murphy, 111. Sikes
Hull Murphy, N.Y. Sisk
Hungate Myers Skubitz
Hunt Natcher Slack
Hutchinson Nedzi Smith, Calif.
Iehord Nelsen . Smith, Iowa
Jacobs Nichols Smith, N.Y.
Jarman Obey Snyder
Johnson, Calif. O'Hara Spence
Johnson, Pa. O'Konski Springer
Jonas O'Neill Stafford
Jones, Ala. Patman Staggers
Jones, N.C. Patten Stanton,
Karth Pelly J. William
Kastenmeier Pepper Stanton,
Kazen Perkins James V.
Keating Pettis Steed
Keith Pickle Steele
Kemp Pike Steiger, Ariz.
King Pirnie Steiger, Wis.
Kluczynski Poage Stephens
Kuykendall Podei.l Stratton
Kyl Powell Stubblefield
Kyros Preyer, N.C. Stuckey
Latta Price, Ill. Symington
Lennon Price, Tex. Talcott
Lent Pryor, Ark. Taylor
Link Pucinski . Teague, Calif.
Lloyd Quto Teague, Tex.
Long, Md. Quillen Terry
Lujan Railsback Thompson, N.J.
Mcclory Randall - Thomson, Wis.
McCloskey Ranch ' . Thone
McClure .Rees Tiernan
McCollister Reid, Ill. Udall
McCormack Reid, N.Y. Ullman
McDade Reuss Veysey
McDonald, Rhodes Vigorito
Mich. Riegle Waggonner
McEwen Roberts Wampler
McFall Robinson, Va. . Ware
McKay Robison, N.Y. Watts
McKevitt Rodino White
McMillan Roe Whitehurst
Madden Rogers Wid.nall
Mahon Rooney, Pa. Wiggins
Matiliard Rostenkowski Williams.
Mann Roush Wilson, Bob
Martin Rousselot Winn
Mathias, Calif. Roy Wolff
Mathis, Ga. Roybal Wright
Matsunaga Runnels Wyatt
Mayne Ruppe Wydler
Meeds Ruth Wylie
Melcher St Germain Wyman
Michel Sandman Yates
Miller, Calif. Sarbanes Yatron
Miller, Ohio Satterfield Young, Fla.
Mills, Ark. Scheele Young, Tex,
Mills, Md. Scheuer Zablocki
Minish Schmitz Zion
Mink SchneebeIi Zwach
Minshall Schwengel
NAYS-36
Abzug Eckhardt Morse
Annunzio Edwards, Calif. Mosher
Badillo Green, Pa. Nix
Barrett Harrington Rangel
Bingham Hawkins Roncalio
Blatnik Helstoski Rooney, N.Y.
Bolling Koch Rosenthal
Burke, Mass. Leggett Ryan
Burton Macdonald, Stokes
Geller Mass. Vanik
Collins, III. . Metcalfe Whalen
Dellums Mikva
Dow Mitchell -
NOT VOTING-46
Abernethy Evins, Tenn. Mazzola
Addabbo Flynt Montgomery
Belcher Ford, Passman
Bell William D. Peyser
The Clerk announced the following
pairs:
Mr. Addabbo with Mr. McKinney.
Mr. Burliaon of Missouri with Mr. Belcher.
Mr. Charles H. Wilson with Mr. Bell.
Mr. Evins of Tennessee with Mr. Devine.
Mr. Purcell with Mr. Landgrebe.
Mr. Flynt with Mr. Blackburn.
Mr. Abernethy with Mr. Hillis.
Mr. Montgomery with Mr. Hastings.
Mrs. Sullivan with Mr. Saylor. '
Mr. Hanna with Mr. Vander Jagt.
Mr. Waldie with Mr. Peyser.
Mr. Jones of Tennessee with Mr. Esch.
Mr. Passman with Mr. Poff.
Mr. Gallagher with Mr. Conyers.
Mr. Whitten with Mr. Whalley.
Mr. Landrum with Mr. Thompson of
Georgia.
Mr. Davis of South Carolina with Mr. de la
Garza.
Mr. Van Deerlln with Mr, Clay.
Mr. Kee with Mr. Diggs.
Mr. Mazzola with Mr. William D. Ford.
Mr. Donohue with Mr. Edwards of
Louisiana.
Mr. Edmondson with Mrs. Hansen of Wash-
ington.
The result of the vote was announced
as above recorded.
. A motion to reconsider was laid on the
H 761.1.
National Airport was scheduled for
shortly after 12 noon today.
Because of an equipment failure, flight
522 did not leave Louisville until almost
3 p.m. this afternoon. Thus, I did not
arrive in Washington until shortly be-
fore 5 p.m.
Because of this equipment failure, I
was prevented from being on the floor
of the House today during the period
when three record votes were taken.
Had I been present at the time the
conference report on H.R. 9272, Appro-
priations for the Departments of State,
Justice, Commerce, and Judiciary, I
would have voted "yea."
Had I been present at the time the
vote was taken an the motion to dis-
charge the Committee on Education and
Labor from further consideration of
House Resolution 539, directing the Sec-
retary of Health, Education, and Wel-
fare to furnish certain documents to the
House of Representatives which per-
tain to the busing of children to achieve
racial balance in the schools, I would
have voted "no."
Had I been present at the time the
vote was taken on adoption of House
Resolution 539, I would have voted
ACCESS 'kINFORMATION "yea.,,
(Mr. LUJAN asked and was given per- J CONCERNING THE WAR POWERS OF
mission to address the House for 1 min- CONGRESS AND THE PRESIDENT
ute and to revise and extend his re-
marks.) Mr. ZABLOCKI. Mr. Speaker, I move'
Mr. LUJAN. Mr. Speaker, by a vote of to suspend the rules and pass the joint
351 to 36, this Congress has taken one resolution (H.J. Res. 1) concerning the
giant step forward for the cause of war powers of the Congress and the
democracy. - President.
Mr. COLLINS of Texas wanted certain The Clerk read as follows:
information from the Department of H.J. RES. 1
Health, Education, and Welfare which
the.Committee on Education and Labor
had failed to get. He came to the floor
of the House and introduced a resolu-
tion discharging the Committee from
further action, and asked the members
to reaffirm his right to this information.
In passing this resolution we have es-
tablished the right of a man represent-
ing the American public to have any in-
formation he wants as to what any
branch of this Government is doing.
Too long has the Congress been denied
access to information of programs not
necessarily in the public interest.
The seniority system has made it pos-
sible for a chairman of a committee to
stop any action he wants to stop. This
vote serves notice that members will now
come to the House with their requests if
the chairmen are not responsive.
During the argument, the majority
leader, Mr: Boas, and the majority whip,
Mr. O'NEILL, pointed to the fact that this
would be setting a dangerous precedent.
To this I say, Mr. Speaker, dangerous for
whom? Certainly not for the American
public
resentatives of the United States of Amer-
ica in Congress assembled, That the Congress
reaffirms its powers under the Constitution
to declare war. The Congress recognizes that
the President in certain extraordinary and
emergency circumstances has the authority
to defend the United States and its citizens
without specific prior authorization by the
Congress.
SEC. 2. It is the sense of Congress that the
President should seek appropriate consulta-
tion with the Congress before involving the
Armed Forces of the United States in armed
conflict, and should continue such consul-
tation periodically during such armed con-
flict.
SEC. 3. In any case in which the President
without specific prior authorization by the
Congress-
(1) commits United States military forces
to armed conflict;
(2) commits military forces equipped for
combat to the territory, airspace, or waters
of a foreign nation, except for deployments
which relate solely to supply, repair, or train-
ing of United States forces, or for humani-
tarian or other peaceful purposes; or
(3) substantially enlarges military forces
already located in a foreign nation;
Clay Hansen, Wash, Saylor Speaker of the House of Representatives and
Conyers Hastings Sullivan PERSONAL EXPLANATION to the president of the Senate a report, in
Davis, S.C. - Hillis Thompson, Ga, writing, setting forth-
de la Garza Jones, Tenn. Van Ddorlin (Mr. MAZZOLI asked and was given (A) the circumstances necessitating his
Devine Kee Vander Jagt permission to extend his remarks at this action;
Diggs Landgrebe Waldie Point in the RECORD.) (B) the constitutional, legislative, and
Donohue Landrum Whalley treaty provisions under the authority of
Edmondson Long, La. Whitten Mr. MAZZOLI. Mr. Speaker, I was which he took such action, together with his
Edwards, La. McCulloch Wilson, scheduled to depart Louisville on East- reasons for not seeking s
Esch McKinney Charles H. a li at S specific prior con-
So the resolution wa L~ d For Re,I 1 g ~j~W iR ~*0 Wft l 7tfte -7f activities; and
 Approved For Release 2005/06/06 : CIA-RDP75B00380R000700090003-7
11 700112 CONGRESSIONAL. RECORD - -HOUSE August 1971.
(D) such other information as the Presi- tee considered House Joint Resolution greater understanding and coordination
dent may deem useful to the Congress in 1 and voted unanilmously to report it to 1between the two branches of Govern-
the fulfillment of its constitutional r i- the floor for passage. ment in the greater national interest.
tilion n to o itwar war and to respect the to committing use of United the the States Na.
it
Mr. Speaker, there are a number of We may reasonably expect situations
Armed Forces abroad. members of this body who have them- to arise in the future, as they have in
SEc. 4. Nothing in this joint resolution is selves offered war powers resolutions. the past, which will threaten conflict be-
intended to alter the constitutional author- Many of those proposals are of much tween the Congress and the President
ity of the Congress or of the President, or more sweeping effect than the reso- over the exercise of the war-making pow-
the provisions of existing treaties. __.J lution before us today. For that reason, ers. Passage of House Joint Resolution I
The SPEAKER. Is a second demanded? it is possible to question their consti- will prevent such strife at critical peri-
Mr. FINDLEY. Mr. Speaker, I demand tutionality or their feasibility in view ods in our Nation's history.
a second. of the fact that to become effective they Key to this effect of the resolution is
The SPEAKER. Without objection, a must become law. section 3 which imposes a reporting re-
second will be considered as ordered. House Joint Resolution 1 cannot be quirement and thereby opens up a formal
There was no objection. questioned on either count. channel for communication between the
The SPEAKER. The gentleman from It is clearly a legitimate and consti- President-the Commander in Chief-
Wisconsin is recognized for 20 minutes. tutional evercise of congressional power and the Congress.
Mr. ZABLOCKI. Mr. Speaker, I yield to pass such a resolution. Since the reporting requirement con-
myself as much time as I may require. Second, I believe that the President tained in section 3 of the resolution is
Mr. Speaker, House Joint Resolution 1 will sign this resolution, or at least allow the heart of the proposal, it requires some
reasserts in a constitutional and practi- it to become law. In that regard, it should further explanation.
cal way the power and authority of Con- be pointed out that representatives of House Joint Resolution 1 calls for the
gress in the matter of war-making. the executive branch who have testified President to file a report with the Con-
This resolution is virtually identical to on the proposal have made it clear that gress in three situations in which he
a war powers resolution which was passed they find nothing in it which they would acts without specific prior congressional
under suspension of the rules by the find objectionable. authorization.
House on November 16, 1970, by the over- This is so, I believe, because the reso- Those situations are:
whelming vote of 288 to 39. lution was drafted with bipartisan sup- First, when he commits U.S. military
When the Senate subsequently failed port, not in an effort to provoke con- forces to armed conflict.
to act on the House resolution before the frontation between the legislative and This would include commitments of
end. of the 91st Congress, it died with ad- executive branches, but rather to pro- U.S. forces into situations or areas where
journment. mote greater cooperation and consulta- conflict already is taking place and there
Today the House is being asked to re- tion in the national interest. is reasonable expectation that American
affirm its earlier decision that the con- Because this resolution was formed in military personnel will be subject to hos-
cept embodied in this resolution repre- a spirit of cooperation rather 'than con- tile fire.
stints a clear and firm consensus of the frontation, I believe it reflects a con- For example, if the resolution h-d
House in the matter of war powers. sensus in the House on objectives which been in force in 1965, the President
The only modification of the earlier new war powers legislation should fulfill. would have been required to make a for-
House-passed resolution which was made Those objectives are three: mal, report to Congress about the Do-
in House Joint Resolution 1 resulted from First, House Joint Resolution 1 reaf- minican Republic action.
the desire to gain the broadest possible firms and reasserts the constitutional Second, the President would be re-
support. grant of power to Congress to declare quired to report to Congress in any sit-
The resolution approved by the House war, while recognizing the responsibility uation in which he commits military
last Congress contained the phrase of the President to defend the Nation forces equipped for combat to the terri-
"whenever feasible" in section 2-as: against attack, without specific prior tory, airspace or waters of a foreign na-
It is the sense of Congress that, whenever congressional authorization, in emer-, tion, except for deployments which re-
feasible, the President should seek appropri- gency circumstances. late solely `to routine matters such as
ate consultation with the Congress before in- Second, the resolution makes clear supply, repair, training, or for humani-
volving the Armed Forces, etc. that, to the maximum extent possible, tarian, purposes.
When the resolution was reintroduced the Congress should be consulted prior This provision is designed to cover
into the 92d Congress that phrase was to Presidential action involving the com- those commitments of troops in situa-
deliberately omitted. The reasons were: mitment of U.S. forces to combat even tions where there is no actual fighting,
First, the phrase apparently had been if the crisis does not permit Congress to but some risk, even if it is small, of our
the most controversial part of the resolu- act first. ' forces being involved sooner or later in
tion during its consideration in the . Third, House Joint Resolution 1 places. hostilities.
House in 1970. Several members told me a new reporting requirement on the Thus, for example, the dispatch of
that they based their opposition to the President. It directs that he must Marines to Thailand in 1962 and the
resolution on the inclusion of those two promptly present to Congress a formal, - Lebanon landing of 1958 'would have re-
words. This year those two words, which written explanation whenever he takes quired a report to Congress.
troubled some, have been eliminated and certain actions involving U.S. Armed Third, the President would be re-
open the way for their support of House Forces without prior congressional ap- quired to report whenever he substan-
Joint Resolution 1. proval. tially enlarged numbers of U.S. military
A second reason for eliminating the Among Presidential actions included forces already located in a foreign na-
phrase is that it had no essential signif- are the commitment of troops to, armed tion.
icance in the resolution. The section in conflict or the risk thereof, the initial While the word substantial is subject
which it appears remains a "sense of movement of significant numbers of U.S. to interpretation, it is possible to have a
Congress" provision and thus advisory forces to foreign soil, and the substan- common sense understanding of the
rather than mandatory on the President, tial enlargement of units already sta-. numbers involved. A thousand additional
Even though this resolution had been tinned abroad. 0 men sent to Germany or Vietnam would
drafted and approved by the Committee That is the total effect of the resolu- not be a substantial enlargement of U.S.
after extensive hearings in 1970, the tion. As section 4 of the proposal makes forces there. If a thousand-additional-
Subcommittee on National Security Pol- explicit, it does not alter the constitu- man contingent were sent to Guantan-
icy held additional hearings on House tional authority of either Congress or amo Bay, Cuba, however, it would in-
Joint Resolution 1 and other war powers the President, nor does it affect the pro- crease U.S. forces by some 25 percent
bills this year. visions of existing treaties. and would require a report.
Once again the subcommittee was con- While it neither increases or dimin- The report itself is prescribed in some
vinced of the wisdom of the approach ashes the existing war powers of Con- detail by the resolution. It is to be sub-
embodied in the resolution. On July 21 gress and the President, House Joint Res- mitted promptly, that is, within several
the full House i}oioFWLtas@1 TjfiOg offCIAZ R QlM ROW700IBM0 the President of the