[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 138 Introduced in House (IH)]

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115th CONGRESS
  2d Session
H. CON. RES. 138

  Directing the President pursuant to section 5(c) of the War Powers 
Resolution to remove United States Armed Forces from hostilities in the 
      Republic of Yemen that have not been authorized by Congress.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2018

   Mr. Khanna (for himself, Mr. Smith of Washington, Mr. Pocan, Mr. 
McGovern, Mr. Hoyer, Mr. Engel, Mr. Massie, Mr. Ted Lieu of California, 
   Ms. Lee, Mr. O'Rourke, Mr. Jones, Mr. Courtney, Mr. Kennedy, Ms. 
   Schakowsky, Ms. Gabbard, Mr. Capuano, Ms. Clarke of New York, Mr. 
  Espaillat, Mr. Grijalva, Ms. Jayapal, Ms. Moore, Mrs. Dingell, Mr. 
    DeFazio, Mr. Blumenauer, Mr. Deutch, Mr. Welch, and Mrs. Lowey) 
 submitted the following concurrent resolution; which was referred to 
                    the Committee on Foreign Affairs

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  Directing the President pursuant to section 5(c) of the War Powers 
Resolution to remove United States Armed Forces from hostilities in the 
      Republic of Yemen that have not been authorized by Congress.

    Resolved by the House of Representatives (the Senate concurring),

SECTION 1. REMOVAL OF UNITED STATES ARMED FORCES FROM HOSTILITIES IN 
              THE REPUBLIC OF YEMEN THAT HAVE NOT BEEN AUTHORIZED BY 
              CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Congress has the sole power to declare war under 
        article I, section 8 of the Constitution.
            (2) Congress has not declared war with respect to, or 
        provided any specific statutory authorization for, United 
        States military participation in the conflict between military 
        forces led by Saudi Arabia and the United Arab Emirates (the 
        ``Saudi-led coalition'') against the Houthis in the Republic of 
        Yemen, and the United States has not designated Yemen's Houthis 
        under any authorization for use of military force, despite 
        members of the United States Armed Forces having provided 
        intelligence sharing and mid-flight aerial refueling for Saudi-
        led coalition warplanes conducting airstrikes against the 
        Houthis since March 2015.
            (3) President Obama reported to Congress on October 14, 
        2016, consistent with the reporting requirements of the War 
        Powers Resolution (Public Law 93-148; 50 U.S.C. 1541 et seq.), 
        that the Houthis attacked United States ships operating in 
        international waters on October 9 and October 12, 2016, and the 
        United States responded to threats against United States 
        vessels, personnel, and freedom of navigation with strikes 
        against three radar facilities in Houthi-controlled territory.
            (4) Section 8(c) of the War Powers Resolution (50 U.S.C. 
        1547(c)) defines the introduction of United States Armed Forces 
        to include ``the assignment of members of such armed forces to 
        command, coordinate, participate in the movement of, or 
        accompany the regular or irregular military forces of any 
        foreign country or government when such military forces are 
        engaged, or there exists an imminent threat that such forces 
        will become engaged, in hostilities''.
    (b) Removal of Armed Forces.--Pursuant to section 5(c) of the War 
Powers Resolution (50 U.S.C. 1544(c)), Congress hereby directs the 
President to remove United States Armed Forces from hostilities in the 
Republic of Yemen, except United States Armed Forces engaged in 
operations authorized under the 2001 Authorization for Use of Military 
Force (Public Law 107-40; 50 U.S.C. 1541 note), not later than 30 days 
after the date of the adoption of this concurrent resolution unless and 
until a declaration of war or specific authorization for such use of 
United States Armed Forces has been enacted into law.
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