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.
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;
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;
Whereas, on February 26, 2011, the United Nations Security
Council passed Resolution 1970, which mandates international economic sanctions
and an arms embargo;
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;
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;
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;
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;
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
;
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
;
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.
;
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;
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.
; and
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 it
1.It is the sense of
Congress that—
(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;
(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;
(3)the goal of United
States policy in Libya, as stated by the President, is 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; and
(4)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 countries for expenses incurred
in Operation Odyssey Dawn and Operation Unified Protector;
(3)the military 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—
(A)that all attacks against
civilians in Libya must stop;
(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
(C)that humanitarian
assistance be allowed to reach the people of Libya;
(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;
(5)the funds of the
Qaddafi regime that have been frozen by the United States should be used 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
(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.
2.Authorization
for the limited use of United States Armed Forces in Libya
(a)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.
(b)The authorization for such limited use of United States
Armed Forces in Libya expires one year after the date of the
enactment of this joint resolution expires on the date that NATO operations end
or one year after the date of the enactment of this joint resolution, whichever
comes first.
(c)War Powers Resolution
requirements
(1)Specific statutory
authorizationConsistent 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)).
(2)Applicability of other
requirements
(A)Nothing in this joint resolution supersedes any
requirement of the War Powers Resolution (50 U.S.C. 1541 et seq.).
(B)Engagement in
hostilitiesUnited 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)).
(d)
(1)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—
(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;
(B)awarding a contract to a
private security contractor to conduct any activity on the ground in Libya;
or
(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.
(2)Notwithstanding
paragraph (1), funds may be obligated or expended to take an action otherwise
prohibited under such paragraph—
(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
(B)if, prior to such
action—
(i)the President determines
and certifies to Congress that the action is necessary; and
(ii)legislation is enacted
specifically authorizing such action.
3.Opposition to
the use of United States ground troopsConsistent 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.
4.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:
(1)An updated
description of United States national security interests in Libya.
(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.
(3)An updated and
comprehensive list of the activities of the United States Armed Forces in
Libya.
(4)An updated and
detailed assessment of the groups in Libya that are opposed to the Qaddafi
regime, including potential successor governments.
(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.).
5.Report on costs and
impact of military operations
(a)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:
(1)The total cost incurred
by the United States Government in connection with military operations in Libya
since their commencement on March 19, 2011.
(2)The total cost incurred
by the United States Government in connection with military operations in Libya
during the preceding 30 days.
(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.
(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.
(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.
(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.
(b)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.
6.Investigation
of terrorist attacks against the United States attributable to the government
of Muammar Qaddafi
(a)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.
(b)
(1)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:
(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.
(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.
(2)The
report required under paragraph (1) shall be unclassified, but may contain a
classified annex.
(c)
(1)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).
(2)Consideration of
cooperation in certain future decisionsThe 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.
June 29, 2011
Reported with amendments