S.Amdt. 381

1. Adds SEC. __. MILITARY ENGAGEMENT IN LIBYA wherever appropriate

   Adds a section

   Inserted: SEC. __. MILITARY ENGAGEMENT IN LIBYA.

   Inserted: (a) Findings.--Congress makes the following findings:

   Inserted: (1) Article I, Section 8 of the Constitution of the United States reserves for Congress the right to declare war.

   Inserted: (2) The War Powers Resolution (50 U.S.C. 1541 et seq.) states that it is intended to "fulfill the intent of the framers of the Constitution of the United States" in requiring the President to seek the consent of Congress before the introduction of the United States Armed Forces into hostile action.

   Inserted: (3) The President must seek authorization from Congress prior to engaging the United States Armed Forces in an armed conflict absent an imminent threat to national security.

   Inserted: (4) President Barack Obama, without seeking a formal authorization from Congress, ordered the execution of a sustained military engagement through the enforcement of a no-fly zone in Libya on March 19, 2011.

   Inserted: (5) Congress has not considered or passed a formal authorization for the President to initiate or continue military operations in Libya.

   Inserted: (6) The War Powers Resolution establishes that the President must notify Congress of the introduction of the United States Armed Forces within 48 hours after commencing such action.

   Inserted: (7) President Obama acknowledged his obligation to submit a notification of his actions in Libya under the War Powers Resolution through a letter delivered on March 21, 2011, to Speaker of the House John Boehner and President Pro Tempore of the Senate Daniel Inouye.

   Inserted: (8) Section 8(a) the War Powers Resolution (50 U.S.C. 1547(a)) establishes that the President may not construe authorization from any other act or treaty unless such act or treaty is "implemented by legislation specifically authorizing the introduction of the United States Armed Forces into hostilities".

   Inserted: (9) President Obama contends that hostile engagement by the military forces of the United States against the Government of Libya was part of a multilateral response authorized by United Nations Security Council Resolution 1973 (2011).

   Inserted: (10) Section 2(c) of the War Powers Resolution (50 U.S.C. 1541(c)) provides that no attempt by the President to introduce the United States Armed Forces into hostile action may be made under the War Powers Resolution unless there is "(1) a declaration of war, (2) a specific authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces".

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   Inserted: (11) The Government of Libya, immediately prior to the introduction of the United States Armed Forces into the conflict on March 19, 2011, had not attacked the United States nor declared any intent to do so.

   Inserted: (12) President Obama had stated the purpose of enforcing a no-fly zone over Libya was to "take all necessary measures to protect civilians and civilian populated areas under threat of attack in Libya" and not in response to any direct or immediate threat to the United States.

   Inserted: (13) Section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)) further establishes that, in absence of authorization from Congress, the President may not engage the United States Armed Forces in an armed conflict for a period longer than "sixty calendar days".

   Inserted: (14) Members of the United States Armed Forces have remained engaged in operations in Libya since March 19, 2011.

   Inserted: (15) On May 20, 2011, the limit of sixty calendar days placed on the President's ability to continue engagement of the military forces of the United States against the Government of Libya will have been exhausted under the terms of the War Powers Resolution.

   Inserted: (16) President Obama has not sought formal authorization for the mission in Libya from Congress, nor indicated any intent to cease operations in Libya before the sixty day limit established by the War Powers Resolution.

   Inserted: (b) Actions Required by War Powers Resolution.--Congress--

   Inserted: (1) declares that, as it pertains to the continuing armed engagement of the United States Armed Forces against the Government of Libya, the President has exceeded the statutory time limits placed on him by the War Powers Resolution and is therefore in violation of the law; and

   Inserted: (2) calls on the President to--

   Inserted: (A) seek a formal authorization from Congress to continue the mission in Libya; or

   Inserted: (B) cease armed engagement against the Government of Libya until such time as further action is authorized by Congress.

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed