IV 
112TH CONGRESS 
1ST SESSION 
H. CON. RES. 53 
Declaring that the President has exceeded his authority under the War 
Powers Resolution as it pertains to the ongoing military engagement 
in Libya. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 24, 2011 
Mr. GARRETT submitted the following concurrent resolution; which was 
referred to the Committee on Foreign Affairs 
CONCURRENT RESOLUTION 
Declaring that the President has exceeded his authority 
under the War Powers Resolution as it pertains to the 
ongoing military engagement in Libya. 
Whereas article I, section 8 of the Constitution of the United 
States reserves for Congress the right to declare war; 
Whereas 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 re-
quiring the President to seek the consent of Congress be-
fore the introduction of the United States Armed Forces 
into hostile action; 
Whereas the President must seek authorization from Con-
gress prior to engaging the United States Armed Forces 
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•HCON 53 IH 
in an armed conflict absent an imminent threat to na-
tional security; 
Whereas 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; 
Whereas Congress did not consider or pass a formal author-
ization for the President to initiate military operations in 
Libya; 
Whereas the War Powers Resolution establishes that the 
President must notify Congress of the introduction of the 
United States Armed Forces within 48 hours after com-
mencing such action; 
Whereas 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; 
Whereas 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’’; 
Whereas 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 Resolu-
tion 1973 (2011) and in consultation with the Arab 
League; 
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•HCON 53 IH 
Whereas section 2(c) of the War Powers Resolution (50 
U.S.C. 1541(c)) provides that no attempt by the Presi-
dent to introduce the United States Armed Forces into 
hostile action may be made under the War Powers Reso-
lution unless there is ‘‘(1) a declaration of war, (2) a spe-
cific authorization, or (3) a national emergency created 
by attack upon the United States, its territories or pos-
sessions, or its armed forces’’; 
Whereas 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; 
Whereas President Obama had stated the purpose of enforc-
ing 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; 
Whereas 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 en-
gage the United States Armed Forces in an armed con-
flict for a period longer than ‘‘sixty calendar days’’; 
Whereas members of the United States Armed Forces have 
remained engaged in operations in Libya since March 19, 
2011; 
Whereas, 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; 
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•HCON 53 IH 
Whereas Section 5(b) of the War Powers Resolution (50 
U.S.C. 1544(b)) requires that ‘‘within sixty calendar days 
. . . the President shall terminate any use of United 
States Armed Forces . . . unless the Congress (1) has 
declared war or has enacted a specific authorization for 
such use of the United States Armed Forces, (2) has ex-
tended by law such sixty-day period, or (3) is physically 
unable to meet as a result of an armed attack upon the 
United States’’; 
Whereas President Obama reiterated on May 20, 2011, that 
the military forces of the United States remain engaged 
in hostilities, including ‘‘suppression and destruction of 
air defenses’’ and ‘‘precision strikes by unmanned aerial 
vehicles’’; 
Whereas Congress has not considered or passed a formal au-
thorization for the President to continue military oper-
ations in Libya; and 
Whereas President Obama has not indicated any intent to 
cease operations in Libya after the sixty-day limit estab-
lished by the War Powers Resolution: Now, therefore, be 
it 
Resolved by the House of Representatives (the Senate 
concurring), That Congress— 
(1) declares that, as it pertains to the con-
tinuing 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 
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•HCON 53 IH 
(2) calls on the President to— 
(A) seek a formal authorization from Con-
gress to continue the mission in Libya; or 
(B) cease armed engagement against the 
Government of Libya until such time as further 
action is authorized by Congress. 
Æ 
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