In House, Challenges Over Policy on Libya

WASHINGTON — Speaker John A. Boehner of Ohio on Wednesday warned that the House was unlikely to authorize continued American participation in the NATO-led air war in Libya at its current level, even as he introduced rival proposals to address escalating tensions over President Obama’s assertion that he has the power to carry on the mission without Congressional assent.

The first of the two newly proposed resolutions that the House may vote on by the end of the week would authorize the mission to continue without changes for a year. It is modeled after a similar Senate measure introduced Tuesday by Senators John Kerry, Democrat of Massachusetts, and John McCain, Republican of Arizona.

But Mr. Boehner told reporters after a House Republican Conference meeting on Wednesday that the proposal was likely to be voted down, saying: “I don’t think that’s where the House is. The fact is, the president has not made his case to the members of Congress.”

As an alternative, House Republican leaders introduced a resolution late Wednesday that would authorize a more limited continuation of the Libya mission. It would bar the use of money for military activities other than search and rescue; aerial refueling; operational planning; and intelligence, surveillance and reconnaissance — essentially requiring an end to direct American combat activity like missile strikes.

The more limited resolution is designed to address contention over the administration’s theory that Mr. Obama has the authority to continue the mission without Congressional authorization because the military activities do not amount to “hostilities” and so are not covered by the War Powers Resolution.

Under that law, presidents must terminate unauthorized deployments into hostilities 60 days after notifying Congress that they have begun. If what the United States military is doing in Libya constitutes “hostilities,” then that deadline passed on May 20.

There have been about 90 missile strikes from American piloted aircraft and drones since early April, when the United States turned control of the campaign over to NATO. The administration’s theory that it is not engaged in “hostilities” turns in part on the idea that the Libyans cannot meaningfully exchange fire with American forces, so there is little risk of American casualties.

In announcing the two new resolutions, Mr. Boehner rejected the administration’s theory as “not credible.”

The increasing centrality of the legality of the Libya mission has presented a quandary for Mr. Boehner, who was once an outspoken critic of the War Powers Resolution. While the McCain-Kerry measure was widely expected to fail, Mr. Boehner said his caucus had “no desire to damage the NATO alliance” but also wanted to hold the White House “accountable” and ensure that it did “not ignore its obligations to the American people and the laws of this country.”

It is not clear how a more limited authorization would fare in the Senate, where the majority leader, Senator Harry Reid, Democrat of Nevada, has said he thinks the mission is legal. On Wednesday, he defended the Libya intervention as having averted a bloodbath.

“Some Republicans in the House of Representatives and on the campaign trail have expressed concern over our involvement in this conflict,” he said. “They have clearly decided to use the War Powers Resolution as a political bludgeon to pursue a partisan agenda.”

Criticism of the White House position is not limited to Republicans, however. In early June, 61 House Democrats voted for a resolution that would have directed Mr. Obama to pull forces out of the campaign. A leading liberal skeptic, Representative Dennis J. Kucinich of Ohio, said Wednesday that he would vote for the resolution barring additional strikes but would allow other support to continue.

Even if such a resolution does not become law, it could have a political effect. Peter M. Shane, an Ohio State University law professor and co-author of a casebook on the separation of powers, said it would tell Mr. Obama “that although his formal legal position may be dubious,” he can “steer toward calmer political waters if he conforms his behavior to what Congress has sanctioned.”