Passed House on June 3rd, 2011 Executive Summary [Full Text Here]
H. Res. 292 would make the following statements of policy:
The bill would direct the Secretary of State, the Secretary of Defense, and the Attorney General to transmit—within 14 days after adoption of the resolution—copies of any official document, record, memo, correspondence, or other communication in their possession that was created on or after February 15, 2011, that refers or relates to consultation or communication with Congress regarding the employment or deployment of the U.S. Armed Forces for Operation Odyssey Dawn or North Atlantic Treaty Organization (NATO) Operation Unified Protector; or the War Powers Resolution and Operation Odyssey Dawn or Operation Unified Protector.
H. Res. 292 would require the President to submit a report to Congress within 14 days of enactment describing U.S. security interests and objectives, and the activities of the U.S. Armed Forces in Libya since March 19, 2011, including a description of the following:
The bill would declare that the President has not sought, and Congress has not provided, authorization for the introduction or continued involvement of the United States Armed Forces in Libya. H. Res. 292 would also declare that Congress has the constitutional prerogative to withhold funding for any unauthorized use of the United States Armed Forces, including for unauthorized activities regarding Libya.
Requirements of the President under the War Powers Resolution:
Section 4(a)(1) of the War Powers Resolution requires the President to report to Congress within 48 hours of commencing operations by U.S. forces when there has been no declaration of war. On March 21, 2011, 48-hours after U.S. Armed forces engaged in military operations, the President submitted a letter/report to Congress to justify the use of force in Libya.
Section 5(b) of the War Powers Resolution states that the President shall terminate operations within 60 days following the report to Congress, unless the use of force is authorized by Congress. On May 20th, concurrent with the 60-day limitation in the War Powers Resolution, the President submitted a letter to Congress providing an update on the status and nature of U.S. military involvement in Libya and urging adoption of a Senate resolution expressing support for military operations in Libya.
The President can extend the involvement by 30 days if he certifies to Congress that it is necessary to safely remove U.S. forces.
There is a range of differing legal opinion about whether the President needs Congressional authorization to continue U.S. military involvement beyond the 60-day deadline for termination under the War Powers Resolution, which occurred on May 20th. Congress has the authority to cut-off funding for any military action. The House approved an amendment offered by Rep. Conyers (D-MI) to the National Defense Authorization Act which prevented funds authorized in the Act from being used to fund ground troops in Libya by a vote of 416-5.
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