SJ 20 ISRSCommentsClose CommentsPermalink

Calendar No. 88CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. J. RES. 20CommentsClose CommentsPermalink

[Report No. 112-27]CommentsClose CommentsPermalink

Authorizing the limited use of the United States Armed Forces in support of the NATO mission in Libya.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

June 21 (legislative day, June 16), 2011CommentsClose CommentsPermalink

Mr. KERRY (for himself, Mr. MCCAIN, Mr. LEVIN, Mr. KYL, Mr. DURBIN, Mrs. FEINSTEIN, Mr. GRAHAM, Mr. LIEBERMAN, Mr. BLUNT, Mr. CARDIN, and Mr. KIRKMr. KIRK, Mr. FRANKEN, and Mr. NELSON of Florida) introduced the following joint resolution; which was read twice and referred to the Committee on Foreign RelationsCommentsClose CommentsPermalink

June 29, 2011CommentsClose CommentsPermalink

Reported by Mr. KERRY, with amendmentsCommentsClose CommentsPermalink

[Omit the part struck through and insert the part printed in italic]CommentsClose CommentsPermalink

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JOINT RESOLUTIONCommentsClose CommentsPermalink

Authorizing the limited use of the United States Armed Forces in support of the NATO mission in Libya.CommentsClose CommentsPermalink

Whereas peaceful demonstrations that began in Libya, inspired by similar movements in Tunisia, Egypt, and elsewhere in the Middle East, quickly spread to cities around the country, calling for greater political reform, opportunity, justice, and the rule of law.CommentsClose CommentsPermalink

Whereas Muammar Qaddafi, his sons, and forces loyal to them responded to the peaceful demonstrations by authorizing and initiating violence against civilian non-combatants in Libya, including the use of airpower and foreign mercenaries;CommentsClose CommentsPermalink

Whereas, on February 25, 2011, President Barack Obama imposed unilateral economic sanctions on, and froze the assets of, Muammar Qaddafi and his family, as well as the Government of Libya and its agencies to hold the Qaddafi regime accountable for its continued use of violence against unarmed civilians and its human rights abuses and to safeguard the assets of the people of Libya;CommentsClose CommentsPermalink

Whereas, on February 26, 2011, the United Nations Security Council passed Resolution 1970, which mandates international economic sanctions and an arms embargo;CommentsClose CommentsPermalink

Whereas, in response to Qaddafi’s assault on civilians in Libya, a ‘no-fly zone’ in Libya was called for by the Gulf Cooperation Council on March 7, 2011; by the head of the Organization of the Islamic Conference on March 8, 2011; and by the Arab League on March 12, 2011;CommentsClose CommentsPermalink

Whereas Qaddafi’s advancing forces, after recapturing cities in eastern Libya that had been liberated by the Libyan opposition, were preparing to attack Benghazi, a city of 700,000 people and the seat of the opposition government in Libya, the Interim Transitional National Council;CommentsClose CommentsPermalink

Whereas Qaddafi stated that he would show ‘no mercy’ to his opponents in Benghazi, and that his forces would go ‘door to door’ to find and kill dissidents;CommentsClose CommentsPermalink

Whereas, on March 17, 2011, the United Nations Security Council passed Resolution 1973, which mandates ‘all necessary measures’ to protect civilians in Libya, implement a ‘no-fly zone’, and enforce an arms embargo against the Qaddafi regime;CommentsClose CommentsPermalink

Whereas President Obama notified key congressional leaders in a meeting at the White House on March 18, 2011, of his intent to begin targeted military operations in Libya and made clear that the United States ‘is not going to deploy ground troops into Libya’;CommentsClose CommentsPermalink

Whereas the United States Armed Forces, together with coalition partners, launched Operation Odyssey Dawn in Libya on March 19, 2011, to protect civilians in Libya from immediate danger and enforce an arms embargo and a ‘no-fly zone’;CommentsClose CommentsPermalink

Whereas, on March 28, 2011, President Obama stated, ‘America has an important strategic interest in preventing Qaddafi from overrunning those who oppose him. A massacre would have driven thousands of additional refugees across Libya’s borders, putting enormous strains on the peaceful--yet fragile--transitions in Egypt and Tunisia. The democratic impulses that are dawning across the region would be eclipsed by the darkest form of dictatorship, as repressive leaders concluded that violence is the best strategy to cling to power . . . So while I will never minimize the costs involved in military action, I am convinced that a failure to act in Libya would have carried a far greater price for America.’;CommentsClose CommentsPermalink

Whereas, on March 31, 2011, the United States transferred authority for Operation Odyssey Dawn in Libya to NATO command, with the mission continuing as Operation Unified Protector;CommentsClose CommentsPermalink

Whereas, in a letter to joint bipartisan congressional leaders on May 20, 2011, President Obama expressed support for a Senate resolution on the use of force in Libya and stated that, ‘Since April 4, U.S. participation has consisted of: (1) non-kinetic support to the NATO-led operation, including intelligence, logistical support, and search and rescue assistance (2) aircraft that have assisted in the suppression and destruction of air defenses in support of the no-fly zone and (3) since April 23, precision strikes by unmanned aerial vehicles against a limited set of clearly defined targets in support of the NATO-led coalition’s efforts.’; andCommentsClose CommentsPermalink

Whereas, on June 9, 2011, Secretary of State Hillary Clinton recognized the Transitional National Council ‘as the legitimate interlocutor for the Libyan people during this interim period.’: Now, therefore, be itCommentsClose CommentsPermalink

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SENSE OF CONGRESS.

It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the men and women of the United States Armed Forces and coalition partners who are engaged in military operations to protect the people of Libya have demonstrated extraordinary bravery and should be commended;CommentsClose CommentsPermalink





(2) the United States Government should continue to support the aspirations of the people of Libya for political reform and self-government based on democratic and human rights;CommentsClose CommentsPermalink





(3) the goal of United States policy in Libya, as stated by the President, ismilitary goals of United States policy in Libya are to protect civilians and enforce the terms of United Nations Security Council Resolution 1973 (2011), which require-- CommentsClose CommentsPermalink





(A) that all attacks against civilians in Libya must stop; CommentsClose CommentsPermalink





(B) that Muammar Qaddafi stop his troops from advancing on Benghazi, pull them back from Ajdabiya, Misrata, and Zawiya and other cities, and establish water, electricity, and gas supplies to all areas; and CommentsClose CommentsPermalink





(C) that humanitarian assistance be allowed to reach the people of Libya; CommentsClose CommentsPermalink





(4) the political goals of United States policy are to achieve the departure from power of Muammar Qaddafi and his family, including through the use of diplomatic and economic pressure, so that a peaceful transition can begin to an inclusive government that ensures freedom, opportunity, and justice for the people of Libya; CommentsClose CommentsPermalink





and(4(5) the funds of the Qaddafi regime that have been frozen by the United States should be returned to the people of Libya for their benefit, including humanitarian and reconstruction assistance, and the President should explore the possibility with the Transitional National Council of using some of such funds to reimburse NATO countriesused to reimburse the United States, as a NATO member, for expenses incurred in connection with Operation Odyssey Dawn and Operation Unified Protector, and for humanitarian and reconstruction assistance; and to ensure full payment of awards as issued by the Foreign Claims Settlement Commission; and CommentsClose CommentsPermalink





(6) the costs associated with the reconstruction and stabilization of Libya following the conflict there should be borne primarily by the people of Libya and by the members of the League of Arab States, which requested military intervention in Libya. CommentsClose CommentsPermalink

SEC. 2. AUTHORIZATION FOR THE LIMITED USE OF UNITED STATES ARMED FORCES IN LIBYA.

(a) Authority- The President is authorized to continue the limited use of the United States Armed Forces in Libya, in support of United States national security policy interests, as part of the NATO mission to enforce United Nations Security Council Resolution 1973 (2011) as requested by the Transitional National Council, the Gulf Cooperation Council, and the Arab League.CommentsClose CommentsPermalink





(b) Expiration of Authority- The authorization for such limited use of United States Armed Forces in Libya [Struck out->]expires one year after the date of the enactment of this joint resolution[<-Struck out] expires on the date that NATO operations end or one year after the date of the enactment of this joint resolution, whichever comes first.CommentsClose CommentsPermalink





(c) War Powers Resolution Requirements- CommentsClose CommentsPermalink





(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution (50 U.S.C. 1547(a)(1)), Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)). CommentsClose CommentsPermalink





(2) APPLICABILITY OF OTHER REQUIREMENTS- CommentsClose CommentsPermalink





(A) RULE OF CONSTRUCTION- Nothing in this joint resolution supersedes any requirement of the War Powers Resolution (50 U.S.C. 1541 et seq.). CommentsClose CommentsPermalink





(B) ENGAGEMENT IN HOSTILITIES- United States military operations in Libya since April 4, 2011, which have included non-kinetic support to the NATO-led operations, including intelligence, logistical support, and search and rescue assistance, United States aircraft assisting in the suppression and destruction of air defenses in support of the no-fly zone, and precision strikes by unmanned aerial vehicles, constitute hostilities within the meaning of the War Powers Resolution, and may be carried out only under the conditions specified in section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)). CommentsClose CommentsPermalink





(d) Restriction- CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), none of the funds appropriated under any provision of law may be obligated or expended for the purpose of-- CommentsClose CommentsPermalink





(A) deploying units or members of the United States Armed Forces on the ground in Libya for the purposes of engaging in ground combat operations, or participating in stabilization or international peacekeeping operations following the removal of Muammar Qaddafi from government and during the transition to a new government in Libya; CommentsClose CommentsPermalink





(B) awarding a contract to a private security contractor to conduct any activity on the ground in Libya; or CommentsClose CommentsPermalink





(C) otherwise establishing or maintaining any presence of units or members of the United States Armed Forces or private security contractors on the ground in Libya. CommentsClose CommentsPermalink





(2) EXCEPTION- Notwithstanding paragraph (1), funds may be obligated or expended to take an action otherwise prohibited under such paragraph-- CommentsClose CommentsPermalink





(A) for the immediate personal defense of United States Government officials (including diplomatic representatives) or for rescuing members of NATO forces from imminent danger; or CommentsClose CommentsPermalink





(B) if, prior to such action-- CommentsClose CommentsPermalink





(i) the President determines and certifies to Congress that the action is necessary; and CommentsClose CommentsPermalink





(ii) legislation is enacted specifically authorizing such action. CommentsClose CommentsPermalink

SEC. 3. OPPOSITION TO THE USE OF UNITED STATES GROUND TROOPS.

Consistent with the policy and statements of the President, Congress does not support deploying, establishing, or maintaining the presence of units and members of the United States Armed Forces on the ground in Libya unless the purpose of the presence is limited to the immediate personal defense of United States Government officials (including diplomatic representatives) or to rescuing members of NATO forces from imminent danger.CommentsClose CommentsPermalink

SEC. 4. REPORTS TO CONGRESS.

The President shall consult frequently with Congress regarding United States efforts in Libya, including by providing regular briefings and reports as requested, and responding to inquiries promptly. Such briefings and reports shall be delivered to Congress not later than 15 days after the date of the enactment of this joint resolution, and every 30 days thereafter, and shall include the following elements:CommentsClose CommentsPermalink





(1) An updated description of United States national security interests in Libya.CommentsClose CommentsPermalink





(2) An updated statement of United States policy objectives in Libya, both during and after Qaddafi’s rule, and a detailed plan to achieve them.CommentsClose CommentsPermalink





(3) An updated and comprehensive list of the activities of the United States Armed Forces in Libya.CommentsClose CommentsPermalink





(4) An updated and detailed assessment of the groups in Libya that are opposed to the Qaddafi regime, including potential successor governments.CommentsClose CommentsPermalink





(5) A full and updated explanation of the President’s legal and constitutional rationale for conducting military operations in Libya consistent with the War Powers Resolution (50 U.S.C. 1541 et seq.).CommentsClose CommentsPermalink

SEC. 5. REPORT ON COSTS AND IMPACT OF MILITARY OPERATIONS.

(a) Report- Not later than 15 days after the enactment of this joint resolution and every 30 days thereafter, the President shall submit to the President of the Senate and the Speaker of the House of Representatives a report containing the following information: CommentsClose CommentsPermalink





(1) The total cost incurred by the United States Government in connection with military operations in Libya since their commencement on March 19, 2011. CommentsClose CommentsPermalink





(2) The total cost incurred by the United States Government in connection with military operations in Libya during the preceding 30 days. CommentsClose CommentsPermalink





(3) The sources and amounts of any reimbursements the United States has received from other countries for costs it has incurred in connection with military operations in Libya since their commencement on March 19, 2011. CommentsClose CommentsPermalink





(4) A list of United States Government direct spending programs whose budgetary resources will be reduced to pay for any unreimbursed costs associated with United States military operations in Libya since their commencement on March 19, 2011, and the amount by which the budgetary resources of each such program shall be reduced. CommentsClose CommentsPermalink





(5) An assessment of the impact of United States military operations in Libya on the capacity and resources of the United States military to carry out effective United States military operations against al Qaeda and the Taliban pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note), passed in the aftermath of the September 11, 2001, terrorist attacks. CommentsClose CommentsPermalink





(6) An assessment of the impact of military operations in Libya conducted by NATO member countries on the capacity and resources of NATO member countries to participate effectively in other NATO operations, including in Afghanistan. CommentsClose CommentsPermalink





(b) Sunset- The requirement in subsection (a) shall terminate 30 days after the President notifies the President pro tempore of the Senate and the Speaker of the House of Representatives in writing that United States military operations in Libya have ended. CommentsClose CommentsPermalink

SEC. 6. INVESTIGATION OF TERRORIST ATTACKS AGAINST THE UNITED STATES ATTRIBUTABLE TO THE GOVERNMENT OF MUAMMAR QADDAFI.

(a) Continuing Investigation- The President shall continue any investigative activities of any Federal agencies with regard to the bombing of Pan Am flight 103 and any other terrorist attacks attributable to the government of Muammar Qaddafi against United States citizens, with the goal of determining the identities of the individuals responsible for the attacks and bringing such individuals to justice. CommentsClose CommentsPermalink





(b) Report- CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 180 days after the date of the enactment of this joint resolution, and annually thereafter, the President shall submit to Congress a report on investigative activities described in subsection (a), including the following elements: CommentsClose CommentsPermalink





(A) A description of efforts by the President to ascertain information through all available channels, including inquiries with members of the Transitional National Council and any successor government in Libya, about the bombing of Pan Am flight 103 and other terrorist attacks attributable to the government of Muammar Qaddafi against United States citizens, with the goal of determining the identities of persons who have knowledge about such attacks or were involved in the planning, execution, or cover-up of the attacks. CommentsClose CommentsPermalink





(B) An assessment of the cooperation of the Transitional National Council and any successor government in Libya in ascertaining such information and in facilitating access to necessary persons and documents related to the bombing of Pan Am flight 103 and other terrorist attacks attributable to the government of Muammar Qaddafi against United States citizens. CommentsClose CommentsPermalink





(2) FORM- The report required under paragraph (1) shall be unclassified, but may contain a classified annex. CommentsClose CommentsPermalink





(c) Cooperation- CommentsClose CommentsPermalink





(1) IN GENERAL- The President shall urge the Transitional National Council and any successor government of Libya to cooperate with and participate in the investigative activities described in subsection (a). CommentsClose CommentsPermalink





(2) CONSIDERATION OF COOPERATION IN CERTAIN FUTURE DECISIONS- The President shall consider the cooperation by the Transitional National Council and any successor government of Libya with respect to the investigative activities described in subsection (a) when making decisions about the distribution of confiscated property and the provision of United States assistance to the successor government. CommentsClose CommentsPermalink

Calendar No. 88CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. J. RES. 20CommentsClose CommentsPermalink

[Report No. 112-27]CommentsClose CommentsPermalink

JOINT RESOLUTIONCommentsClose CommentsPermalink

Authorizing the limited use of the United States Armed Forces in support of the NATO mission in Libya.CommentsClose CommentsPermalink

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June 29, 2011CommentsClose CommentsPermalink

Reported with amendmentsCommentsClose CommentsPermalink