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                                                        Calendar No. 88
112th Congress                                                   Report
                                 SENATE
 1st Session                                                     112-27

======================================================================



 
  S.J. RES. 20, A JOINT RESOLUTION AUTHORIZING THE LIMITED USE OF THE 
   UNITED STATES ARMED FORCES IN SUPPORT OF THE NATO MISSION IN LIBYA

                                _______
                                

                 June 29, 2011.--Ordered to be printed

                                _______
                                

          Mr. Kerry, from the Committee on Foreign Relations,
                        submitted the following

                                 REPORT

                             together with

                             MINORITY VIEWS

                      [To accompany S.J. Res. 20]

    The Committee on Foreign Relations, having had under 
consideration S.J. Res. 20, a joint resolution authorizing the 
limited use of the United States Armed Forces in support of the 
NATO mission in Libya, reports favorably thereon, with 
amendments, and recommends that the joint resolution, as 
amended, do pass.

                                CONTENTS

                                                                   Page

  I. Purpose..........................................................1
 II. Committee Action.................................................2
III. Discussion.......................................................3
 IV. Cost Estimate....................................................4
  V. Evaluation of Regulatory Impact..................................4
 VI. Changes in Existing Law..........................................4
VII. Minority Views of Senator Lugar..................................5

                               I. PURPOSE

    The purpose of S.J. Res. 20 is to authorize the limited use 
of the United States Armed Forces in support of the NATO 
mission in Libya.

                          II. COMMITTEE ACTION

    S.J. Res. 20 was introduced by Senators Kerry, McCain, 
Levin, Kyl, Durbin, Feinstein, Graham, Lieberman, Blunt, 
Cardin, and Kirk on June 21, 2011. On June 28, 2011, the 
committee considered S.J. Res. 20 and ordered it reported, with 
amendments, by a roll call vote of 14 to 5, with Senators 
Kerry, Boxer, Menendez, Cardin, Casey, Webb, Shaheen, Coons, 
Durbin, Udall, Rubio, Inhofe, Isakson and Barrasso voting in 
favor, and Senators Lugar, Corker, Risch, DeMint and Lee 
opposed.
    The committee took the following action with regard to 
amendments:
    An amendment by Senator Lugar to express the sense of the 
Congress on reconstruction and stabilization costs was agreed 
to by voice vote.
    An amendment by Senator Lugar to declare that the authority 
for the limited use of the United States Armed Forces is 
intended to constitute specific statutory authorization under 
the War Powers Resolution was agreed to by voice vote (Senator 
Inhofe asked to be recorded as voting against the amendment).
    A second degree amendment by Senator Webb (to the amendment 
from Senator Lugar listed below) to provide the President 
limited authority to use United States ground forces and 
private security contractors subject to specific advance 
authorization from Congress was agreed to by voice vote.
    An amendment by Senator Lugar to restrict the use of funds 
to deploy, establish or maintain the presence of units and 
members of the United States Armed Forces on the ground in 
Libya (as amended by the second degree amendment from Senator 
Webb listed above) was agreed to by voice vote.
    An amendment by Senator Lugar to limit the use of 
Department of Defense funds for the United States Armed Forces 
in support of Operation Unified Protector failed by a roll call 
vote of 5 to 14, with Senators Lugar, Corker, Risch, DeMint, 
and Isakson voting in favor, and Senators Kerry, Boxer, 
Menendez, Cardin, Casey, Webb, Shaheen, Coons, Durbin, Udall, 
Rubio, Inhofe, Barrasso, and Lee opposed.
    A second degree amendment by Senator Corker (to the 
amendment by Senator Lugar listed below) to require the report 
on the cost and impacts of military operations to be submitted 
every 30 days was agreed to by voice vote.
    An amendment by Senator Lugar (as amended by the second 
degree amendment by Senator Corker listed above) to require a 
report on the costs and impact of United States military 
operations in Libya was agreed to by voice vote.
    An amendment by Senator Menendez to ensure the continued 
investigation of terrorist attacks against the United States 
attributable to the government of Muammar Qaddafi was agreed to 
by voice vote.
    An amendment by Senator Corker to clarify the goals of 
United States military and political goals in Libya was agreed 
to by voice vote.
    An amendment by Senator Corker to provide for briefings and 
reports to Congress on United States efforts in Libya every 30 
days was agreed to by voice vote.
    An amendment by Senator Corker to provide that the 
authority to continue the limited use of the United States 
Armed Forces in Libya expires was agreed to by a voice vote 
with a modification that was agreed to without objection.
    An amendment by Senator Rubio to express the sense of 
Congress that the President should recognize the Transitional 
National Council was modified and divided without objection. 
The portion of the amendment regarding blocked assets was 
agreed to by voice vote. The portion of the amendment regarding 
recognition of the Transitional National Council was withdrawn.

                            III. DISCUSSION

    Section 2(a) of S.J. Res. 20 provides that the President is 
authorized to continue the limited use of U.S. 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 Transnational Council, the Gulf Cooperation Council, and 
the Arab League. Pursuant to section 2(b), this limited 
authority expires on the date that NATO operations end or one 
year after the date of enactment of the resolution, whichever 
comes first.
    Section 2 is intended to constitute specific statutory 
authorization within the meaning of section 5(b) of the War 
Powers Resolution (WPR) (50 U.S.C. 1544(b)). Section 2(c)(2)(B) 
states that United States military operations in Libya since 
April 4, 2011 constitute hostilities within the meaning of the 
WPR, and may be carried out only under the conditions specified 
in section 5(b) of the WPR.
    Section 2(d) indicates that appropriated funds may not be 
obligated or expended for (1) deploying U.S. 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; (2) awarding a contract to a private 
security contractor to conduct any activity on the ground in 
Libya; or (3) otherwise establishing or maintaining any 
presence of units or members of the United States Armed Forces 
or private security contractor on the ground in Libya. Section 
2(d) provides two exceptions to this prohibition. The first is 
for the immediate personal defense of United States Government 
officials (including diplomatic representatives) or for 
rescuing members of NATO forces from imminent danger. The 
second applies if, prior to such action, the President 
determines and certifies to Congress that the action is 
necessary and legislation is enacted specifically authorizing 
such action.
    Section 3 indicates that, consistent with the policy and 
statements of the President, Congress does not support 
deploying, establishing, or maintaining U.S. 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.
    Section 4 requires the President to consult frequently with 
Congress regarding United States efforts in Libya and requires 
briefings and reports on U.S. efforts in Libya to be delivered 
to Congress not later than 30 days after the date of enactment 
of the resolution and every 30 days thereafter.
    Section 5 requires that the President submit a report on 
the costs and impact of military operations in Libya, including 
on the impact of such operations on U.S. military operations in 
Afghanistan, within 15 days of enactment of the resolution and 
every 30 days thereafter.
    Section 6 provides that the President shall continue any 
investigative activities with regard to the bombing of Pan Am 
flight 103 and any other terrorist attacks against United 
States citizens and attributable to the Qaddafi regime. It 
further requires a report on such investigative activities 
within 180 days of enactment of the resolution and annually 
thereafter. Finally, section 6 provides that the President 
shall consider the cooperation of the Transitional National 
Council and any successor government of Libya with respect to 
such investigative activities when making decisions about the 
distribution of confiscated property and the provision of 
United States assistance.

                           IV. COST ESTIMATE

    The resolution authorizes the continuation of the limited 
operations of the United States Armed Forces in Libya. In the 
report, ``United States Activities in Libya,'' submitted to 
Congress on June 15, 2011, the administration estimated the 
total cost of those operations from their commencement on March 
19, 2011 through September 30, 2011, at $1.104 billion.
    Rule XXVI, paragraph 11(a) of the Standing Rules of the 
Senate requires that committee reports on bills or joint 
resolutions contain a cost estimate for such legislation. To 
date, the committee has not received the Congressional Budget 
Office cost estimate.

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to Rule XXVI, paragraph 11(b) of the Standing 
Rules of the Senate, the committee has determined that there is 
no regulatory impact as a result of this resolution.

                      VI. CHANGES IN EXISTING LAW

    Pursuant to Rule XXVI, paragraph 12 of the Standing Rules 
of the Senate, the committee has determined that there are no 
changes in existing law made by the resolution, as reported.

                  VII. MINORITY VIEWS OF SENATOR LUGAR

    I oppose the joint resolution reported by the committee.
    The United States is still engaged in wars in Afghanistan 
and Iraq and our national debt exceeds $14 trillion. In light 
of these circumstances, and the lack of vital U.S. interests in 
Libya, I do not believe that we should be intervening in a 
civil war there.
    As reported by the committee, S.J. Res. 20 would provide 
expansive authorities permitting the continuation and 
significant escalation of U.S. military involvement in Libya's 
civil war.
    The joint resolution would authorize the President to re-
escalate U.S. military involvement in Libya to, and potentially 
beyond, the lead role it played at the beginning of the 
operation, when the United States carried out intensive air 
strikes on a daily basis. The joint resolution would only limit 
the President to actions ``in support of United States national 
security policy interests'' and ``to enforce United Nations 
Security Council Resolution 1973.''
    Though President Obama indicated when he initiated this 
intervention that it would be limited in duration, our 
operations there have now lasted more than 100 days, and this 
joint resolution would authorize them to continue for as long 
as an additional year. The costs of these operations will 
exceed $1 billion by September, and could rise significantly 
beyond this over the period provided for in the joint 
resolution.
    While I believe the resolution adopted by the committee is 
unwise, the committee adopted four amendments I offered to the 
resolution that address important issues related to our 
involvement in Libya.
    Of particular importance, the committee adopted an 
amendment to establish as a matter of law that current U.S. 
military operations in Libya constitute hostilities for the 
purposes of the War Powers Resolution. This will prevent the 
administration from continuing to rely on its legally dubious 
claim that Congressional authorization is not needed for these 
operations because they do not constitute ``hostilities.'' It 
will also prevent the administration's interpretation from 
becoming an accepted precedent that future administrations may 
rely on to conduct significant and prolonged military 
engagements without Congressional authorization.
    The committee also adopted amendments I offered that will 
establish a legally binding prohibition on the use of 
appropriated funds to deploy U.S. ground forces to Libya and 
will ensure regular reporting to Congress on the costs of the 
Libya operations and their impact on other U.S. and NATO 
military operations, including against al Qaeda and the 
Taliban. In addition, the committee adopted an amendment 
expressing the Sense of the Congress that post-war 
reconstruction costs in Libya should be borne primarily by the 
Libyan people and Arab League nations which requested the 
military intervention.
    These measures are important if U.S. military operations in 
Libya are going to continue, and potentially expand, as 
provided for in the joint resolution. These changes are not 
sufficient, however, to remedy the fundamentally flawed course 
of action which the joint resolution would authorize.