Lawmakers Move to Use War Powers Act Against Gulf Policy : 100 to Sue Reagan to Invoke Law, Cite ‘Imminent Danger’

President Reagan’s Persian Gulf policy came under fire today on Capitol Hill as more than 100 legislators said they will file suit to invoke the War Powers Act and limit the President’s ability to send troops to situations of imminent danger.

Reagan and the Democratic-controlled Congress began battling in May about the Administration’s plan to reflag 11 Kuwaiti oil tankers and protect them with Navy warships. On May 17, 37 U.S. seamen were killed by an Iraqi missile attack on the frigate Stark.

But Congress has been unable to agree on action that would block Reagan’s plan, and today’s move was the last attempt before Congress adjourns for its August recess.

The War Powers Act suit was pushed by Rep. Mike Lowry (D-Wash.), chairman of the House Democratic Caucus, who said it will be filed later today in U.S. District Court in Washington by more than 100 members of both the House and Senate.

“This is exactly the sort of a situation the War Powers Act was designed to deal with,” Lowry told a news conference.

‘Imminent Danger’

The War Powers Act was enacted in 1973 during the waning days of the Vietnam War. It says a President can only send troops to areas of “imminent danger” for 60 days unless Congress specifically approves the deployment.

The Administration has argued that the War Powers Act does not apply to the current gulf deployment of U.S. ships because the United States is officially neutral in the Iran-Iraq War.

Lowry referred to the July 24 incident in which the reflagged tanker Bridgeton hit a mine as it was being escorted up the gulf by a trio of Navy warships. The supertanker proceeded to Kuwait, but U.S. officers aboard the three ships said it was only good luck that their ships hadn’t been severely damaged or sunk by hitting a mine.

“It is indisputable that American forces in the Persian Gulf face imminent hostility, and the situation is becoming more dangerous every day,” Lowry said. “So we are going to court to insist that the law be adhered to.”