Statement of Administration Policy: H.R. 1282 - Operation Desert Shield/Desert Storm Supplemental Appropriations Act, 1991

(Senate Floor)
(Sponsor: Byrd (D), West Virginia)

The Administration appreciates the work of the House and the Senate Appropriations Committees in promptly advancing the Operation Desert Shield/Desert Storm Supplemental Appropriations Act. The Administration will work with the House and Senate to improve the bill as it moves through Congress. In addition to preferring full funding of its requests, the Administration strongly opposes three sections of the bill reported by the Senate Appropriations Committee. In particular, sections 105, 106, and 107 of H.R. 1282 raise serious policy and constitutional concerns.

Section 105(d) directs the President to undertake certain negotiations concerning materials and equipment used in the construction of military facilities for Operation Desert Shield/Storm. Section 106(b)(4) would interfere with the President's authority to conduct foreign affairs by directing that he reveal expected, but not completed, arrangements for any possible U. S. military presence in the Middle East. The Administration urges the deletion of sections 105(d) and 106(b)(4).

In addition, section 105(e) prohibits the transfer of Operation Desert Storm equipment, supplies, or materials to any foreign country in the Middle East without prior notification to Congress and specific authorization of the transfer, by bill or joint resolution. This provision creates an unnecessary burden on the ability of the Executive branch to conduct foreign affairs activities that are already subject to significant Congressional oversight pursuant to legislation such as the Arms Export Control Act. In like fashion, section 105(g) not only imposes burdensome and unnecessary reporting requirements on the Executive branch, but infringes upon the President's foreign affairs power by requiring him to demand similar information from other coalition countries. These provisions should be deleted.

The Administration also urges the deletion of section 107. It places unnecessary and inappropriate constraints on the ability to provide sales, credits, or guarantees for military equipment or services to allied countries. It is expected that full payment depends, in part, on U.S. determination of costs and billing. There can thus be "delays" caused by U.S. action or inaction. In these cases it would be unreasonable to forgo the opportunity to conduct business with these countries while awaiting full payment of commitments. In the event that it should become clear that commitments were not to be fully met, appropriate steps could be taken consistent with the sense of Congress expressed in section 304 of H.R. 1281.