Army Relations With The Congress

• Author: Colonel James K. Gaynor
• Pages: 01

I. INTRODUCTION

The founding fathers, in drafting the Constitution of the United States, wisely provided for three branches of the federal government, each independent but with a system of cheeks and balances.

The Congress, which is the legislative branch, was &en the power to declare war, to raise and support armies, to provide and maintain a navy, to make rules for the government of the military forces, and to organize and call into service the militia.' In designating the President of the United States as the eommanderin-chief,P however, the military forces were placed in the exeeutive branch of the government. Although commanded by the President, the military forces are dependent upon the Congress for their existence, for the rules which govern them, and equally important, for the money necessary to maintain them.

At one time the regulation of the military services by the Congrem included such minutiae as a provision that women may accompany troops as laundresses but not to exceed four per eompany.' that one cook shall he authorized each company of less than thirty men and two cooks for each company of more than thirty men,' and that enlisted men shall be furnished tobacco by commissaries not to exceed 16 ounces per month.'

The regulating of such details long since has been delegated to the executive branch of the government. Nevertheless, the Congressional regulation of the military services still is quite extensive, as evidenced by the 595 pages of title 10 of the United States Code when the codification was enacted in 1956,1 with the supplementary codification of 1958 requiring 106 additional pages of the Statutes at Large.7

*The opinlena and oonolusiona presented herein are thoae of the author and do not nece~aarily repiesent the dews of The Judge AdvDeste General'@ School nor m y other gosernmentsl agency.

**JAGC. U. S. Amy; Member, Board of Rev%w No. 3, Office of The Judge.4droeste General; formerly Chid oi the Le 'slatis8 Diviialon in the OMee of the Chief oi Legillative Liaison, Oace of tre Secretaq of the Arm?, July 18Sl-Auguat 1850; B.S.,

J.D., Indians Uniseraity; LL.M., SJ.D., The GeorgeWnahlnpton Uniwraity; member of the Indiana bar.

I us. const. art. I, D 8.1 Id. art. 11, $2.8 Rev. Stat. $ 1240 11876). (Id. $ 1233.6 Id. D 1149.8 7OA Stat. 1 (1968).7 I2 Stat. 1437 (1868).

11. LEGISLATIVE LIAISON

The President of the United States has a duty to recommend to the Congress such measures "as he shall judge necessary and expedient."n To assist the President in performing this duty, each principal agency of the executive branch of the Government has an office or personnel responaible for legislative liaimn.8 These functions may be performed by one or a few people in some agencies whereas in the larger agencies, such as the military departments, the legislative liaison offices may have several divisions performing different functions.10

Just as the primary mission of a military organization is to win in battle with a minimum of lass, the primary misaion of legislative liaison is to assist the Congress in such a way that needed legislation wiil be enacted and proposals which me harmful will be defeated. In accomplishing this mission, the Congress must be kept informed and a favorable atmosphere must be maintained. The Army has a Chief of Legislative Liaison," the Savy has a Chief of Legislative Affairs, the Air Farce hits a Director of Legislative Liaison, and there is an Assistant to the Secretary of Defense for Legislative Affairs12 although some legislative functions are performed in the Department of Defense General Counsel's office. The legislative liaison offices of the services have some differences in internal organization but the same general functions must be performed. There must be a central point of contact for Congressional reactions; the legislative program must be formulated and administered; the views of the military departments must be expressed concerning bills which have been introduced, where such vievs are requested by Congressional commit-tees; legislative counsel must be provided for witnesses who appear before Congressional committees; the Congress must be made aware of military policies, objectives, and requirements: inquiries from Members of Congress must be answered; and escort officers must be provided far Members of Congress or Congressional staff members who visit military installations. Furthermore, the military secretariat and the military ataffs must be kept informed of Congressional matters, and Congressional implications must be considered in the planning and formulation of military policy.

e Re8pmiible ior legidative liaison iar President Eisenhower ve1e Maj. Gen. Wilton B. Pereons, USA-Ret., formerly Army Chiei ai Legislative Liaison, and his deputy, Cal. Bryce K.

Harlow, USAR.

IO See Keiauver, EzicutiucCongrCBeional Liaison, 288 Annals of TheAmerican Academy oi Political and Soeisl Science 108 (1813).

11 Par. 15. AR 10-5. 22 Ill87 1857. as amended by Chanee 4, 10 July 1959;AR 1-20,24 Jan 1956.

11 DOD Directive 5105.13, 10 Aug 1957

ARMY RELATIONS WITH THE CONGRESS

There is one important exception in the responsibilities of the legislative liaison offices. In the Office of the Secretary of Defense and in each of the military services, it is the Comptroller who is responsible for all appropriations bills and all liaison with the Committees on appropriations. With respect to appropriation matters, the Comptroller offices perform functions which correspond to those of the legislative liaison offices.

An example of legislative liaison during the Revolutionary War is reported to have taken place early in 1781 when General '%ad Anthony" Wayne and six regiments of Pennsylvania troops marched to Princeton and camped while negotiating with the Continental Congress, then sitting at Philadelphia, about back pay and discharges for those who had served three years.

Responsibility for Army relations with the Congress was assigned in 1918 to the War Plans Division of the War Department General Staff. In 1921, the position of Deputy Chief of Staff was created and among the duties was responsibility for legislative matters. Also created was an advisory council to consider legis-lative recommendations of the War Department General Staff and submit them to the Secretary of War. A branch was created in the office of the Deputy Chief of Staff to act 88 a clearing house for all legislative proposals, and this branch was reconstituted in February 1931 as the Budget and Legislative Planning Branch. With the reorganization of the War Department in 1942, a Legislative and Liaison Division wa8 created as a staff agency of the War Department,l3 and the division was placed under the supervision of the Chief of Information in the office of the Chief of Staff in 1948.14 The Office of the Chief of Legislative Liaison was created in February 1950, removed from the supervision of the Chief of Information and placed directly under Chief of Staff supervision.16 The ofice was transferred in February 1956 from the Army staff to the office of the Secretary of the Army.18

The present Chief of Legislative Liaison is a major general l7

and the deputy is a brigadier general.lB In addition to an executive

18 WD Cir. 69, 1842.14 DA Cir. 342,1948.

I6 DA Cir. 12, 1850.

IS DA Gen. Order 16, 1856.li Maj. Gen. R. L. Vittrup became Chief of Legirlative Liaison in Augvst 1969. Hi8 piedefeiiom were Maj. Gem. Wilton B. Persons, Dee. 1041July1848; Maj. Gen. Clark L. Ruffner, Jvly 1948-Aug. 1960; Maj. Gen...