Won’t Join Iran-Iraq War: Shultz : Says War Powers Act Not Needed in Tanker Escorting

Secretary of State George P. Shultz told Congress today that the Reagan Administration has no intention of becoming involved in the Iran-Iraq War and does not intend to invoke the War Powers Act to give legal standing to its naval presence in the Persian Gulf.

Shultz told a Senate appropriations subcommittee that U.S. warships are convoying reflagged Kuwaiti tankers through the gulf to assure the free flow of oil to the West and “to make sure that states that are friendly to us are not intimidated by Iran.”

“We don’t have any intention of getting into that war,” Shultz said.

Shultz testified as lawyers for 114 members of Congress went to court with a lawsuit seeking to invoke the 1973 act, which limits a President’s authority in sending U.S. military personnel into situations of “imminent hostilities.”

Terrorism Cited

The secretary said that because of the high incidence of terrorism around the world it makes little sense to invoke the War Powers Act in this instance.

“You can’t go into that statute over something like this,” Shultz said.

Furthermore, he said that because the War Powers Act has a 60-day termination date requiring the President to withdraw U.S. forces unless Congress declares war or specifically authorizes them to remain, the Administration would be even more reluctant to invoke it.

After 60 days, he said, “the President can’t do that any more; it doesn’t even require a vote in Congress.”

The War Powers Act was enacted in 1973 over a veto by then-President Nixon. It says U.S. military personnel can’t be sent to areas of imminent danger for more than 60 days unless Congress specifically approves the deployment.

Rep. Mike Lowry (D-Wash.), chairman of the House Democratic Study Group, said every Administration since 1973 has argued that the law is an unconstitutional restriction of a President’s authority, but the Supreme Court has not ruled on the issue.

Spokesmen for the plaintiffs in the suit filed in the U.S. District Court for the District of Columbia said they would seek a quick hearing because of the growing tension in the gulf.

“The government of Iran has . . . clearly indicated hostile intent” toward U.S. forces, Rep. Robert G. Torricelli (D-N.J.) said.

“The question for the President is, how many young men have to die before he will come to Congress,” Rep. Peter A. DeFazio (D-Ore.) said.

If the court does not force reporting to Congress under the War Powers Act, the lawsuit said, then the reflagging of Kuwaiti tankers should be voided.

The suit also said the Administration waived some registration rules for the Kuwaiti vessels in national security interests. Such waivers are invalid, it said, because they are intended only for war or other military emergencies.