Saturday, August 31, 2013

SYRIA: DRAFT RESOLUTION//DISCUSSION


"Consistent with section 8(a)(1) War Powers Resolution...."

INTERPRETATION OF JOINT RESOLUTION:

Section 8(a)(1): 

SEC. 8. (a) Authority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred--
(1) from any provision of law (whether or not in effect before the date of the enactment of this joint resolution), including any provision contained in any appropriation Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution; or ...




CONGRESSIONAL ACTION

SEC. 5. (b) (b) Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 4(a)(1), whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces. 



REPORTING

SEC. 4. (a) In the absence of a declaration of war, in any case in which United States Armed Forces are introduced--
(1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances;




SYRIA//WHITE HOUSE DRAFT TEXT

FOLLOWING IS THE TEXT OF THE DRAFT RESOLUTION SENT BY PRESIDENT OBAMA TO CONGRESS REGARDING THE USE OF UNITED STATES MILITARY FORCE IN SYRIA:



Whereas, on August 21, 2013, the Syrian government carried out chemical weapons
attack in the suburbs of Damascus, Syria, killing more than 1,000 innocent
civilians.

Whereas these flagrant violations were in violation of international norms and
the laws of war;

Whereas the United States and 188 other countries comprising 98 percent of the
world's population are parties to the Chemical Weapons Convention, which
prohibits the development, production, acquisition, stockpiling or use of
chemical weapons;

Whereas, in the Syria Accountability and Lebanese Sovereignty restoration Act
of 2003
   , Congress found that Syria's acquisition of weapons of mass destruction
threatens the security of the Middle East and the national security interests
of the United States;

Whereas the United Nations Security Council, in resolution 1540 (2004),
affirmed that the proliferation of nuclear, chemical and biological weapons
constitutes a threat to international peace and security;

Whereas, the objective of the United States' use of military force in
connection with this authorization should be to deter, disrupt, prevent and
degrade the potential for, future use of chemical weapons or other weapons of
mass destruction;

Whereas, the conflict in Syria will only be resolved through a negotiated
political settlement, and Congress calls on all parties to the conflict in
Syria to participate urgently and constructively in the Geneva process; and

Whereas unified action by the legislative and executive branches will send a
clear signal of American resolve.

 SEC.___AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES

(a) Authorization.--The President is authorized to use the Armed Forces of the
United States as he determines to be necessary and appropriate in connection
with the use of chemical weapons or other weapons of mass destruction in the
conflict in Syria in order to--

(1) prevent or deter the use or proliferation (including the transfer to
terrorist groups or other state or non-state actors), within, to or from Syria,
of any weapons of mass destruction, including chemical or biological weapons or
components of materials used in such weapons; or

(2) protect the United States and its allies and partners against the threat
posed by such weapons.

(b) War Powers Resolution requirements.--
(1) Specific Statutory Authorization.--Consistent with section 8(a)(1) of the
War Powers Resolution, the Congress declares that this section is intended to
constitute specific statutory authorization within the meaning of section 5
(b) of the War Powers resolution
(2) Applicability of other requirements.--Nothing in this joint resolution
supersedes any requirement of the War Powers Resolution.