I

103D CONGRESS

1ST SESSION H. R. 3405

To establish a standing consultative group within the Congress to facilitate

consultations between the Congress and the Executive Branch with respect to the use of United States military force abroad.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 28, 1993

Mr. HAMILTON (for himself, Mr. GILMAN, Mr. LANTOS, Mr. BEREUTER, Mr.

GEJDENSON, Mr. JOHNSTON of Florida, and Mr. DELLUMS) introduced

the following bill; which was referred to the Committee on Rules

A BILL

To establish a standing consultative group within the Congress to facilitate consultations between the Congress

and the Executive Branch with respect to the use of

United States military force abroad.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Consultation Act of

5 1993’’.

6 SEC. 2. STANDING CONSULTATIVE GROUP.

7 (a) ESTABLISHMENT.—There shall be within the

8 Congress a group of Members of Congress to be known
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1 as the Standing Consultative Group (hereinafter in this

2 Act referred to as the ‘‘Consultative Group’’).

3 (b) PURPOSE.—

4 (1) IN GENERAL.—(A) The purpose of the Con5 sultative Group shall be to facilitate improved inter6 action between the Executive branch and the Con7 gress with respect to the use of United States mili8 tary force abroad, including any such use described

9 in section 3 and section 4(a) of the War Powers

10 Resolution (50 U.S.C. 1542 and 1543(a)).

11 (B) To the fullest extent practicable, consulta12 tions in accordance with this subsection should occur

13 before the United States engages in discussions

14 within the United Nations, within any regional orga15 nization in which the United States participates, or

16 with other countries on the possible use of United

17 States military force abroad, including in particular

18 any such use under Chapter VII of the United Na19 tions Charter and any such use that might involve

20 placing elements of the United States Armed Forces

21 under the operational control of a foreign national.

22 (2) REGULAR CONSULTATIONS.—In carrying

23 out paragraph (1), the Consultative Group and the

24 President (or senior members of the administration
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1 involved with national security issues) should meet

2 regularly for discussions and consultations.

3 (3) SPECIAL CONSULTATIONS.—The Consult4 ative Group and the President (or senior members of

5 the administration involved with national security is6 sues) should also meet whenever United States mili7 tary action abroad is being considered by the Presi8 dent and senior members of the administration.

9 (c) MEMBERSHIP.—The Consultative Group shall

10 consist of the following Members of Congress:

11 (1) HOUSE OF REPRESENTATIVES.—Those

12 Members of the House of Representatives designated

13 by the Speaker of the House (after consultation with

14 the minority leader of the House). The Members so

15 designated should include majority and correspond16 ing minority representatives of the House leadership

17 and the following committees: the Committee on

18 Foreign Affairs, the Committee on Armed Services,

19 the Permanent Select Committee on Intelligence,

20 and the Committee on Appropriations.

21 (2) SENATE.—Those Senators designated by

22 the majority leader of the Senate (after consultation

23 with the minority leader of the Senate). The Sen24 ators so designated should include majority and cor25 responding minority representatives of the Senate
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1 leadership and the following committees: the Com2 mittee on Foreign Relations, the Committee on

3 Armed Services, the Select Committee on Intel4 ligence, and the Committee on Appropriations.

5 (d) DEFINITION.—As used in this section, the term

6 ‘‘Member’’ includes, in the case of the House of Rep7 resentatives, the Resident Commissioner to the United

8 States from Puerto Rico and Delegates to the House.

9 SEC. 3. RULE OF CONSTRUCTION.

10 The conduct of consultations pursuant to section 2(b)

11 of this Act with respect to a possible or an ongoing United

12 States military action abroad shall not be construed as

13 a grant of authority from the Congress to the President

14 to conduct such military action.

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