[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 54 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
S. J. RES. 54

To direct the removal of United States Armed Forces from hostilities in 
    the Republic of Yemen that have not been authorized by Congress.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2018

   Mr. Sanders (for himself, Mr. Lee, and Mr. Murphy) introduced the 
 following joint resolution; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                            JOINT RESOLUTION


 
To direct the removal of United States Armed Forces from hostilities in 
    the Republic of Yemen that have not been authorized by Congress.

Whereas Congress has the sole power to declare war under article I, section 8, 
        clause 11 of the United States Constitution;
Whereas Congress has not declared war with respect to, or provided a specific 
        statutory authorization for, the conflict between military forces led by 
        Saudi Arabia, including forces from the United Arab Emirates, Bahrain, 
        Kuwait, Egypt, Jordan, Morocco, Senegal, and Sudan (the Saudi-led 
        coalition), against the Houthis, also known as Ansar Allah, in the 
        Republic of Yemen;
Whereas, since March 2015, members of the United States Armed Forces have been 
        introduced into hostilities between the Saudi-led coalition and the 
        Houthis, including providing to the Saudi-led coalition aerial targeting 
        assistance, intelligence sharing, and mid-flight aerial refueling;
Whereas the United States has established a Joint Combined Planning Cell with 
        Saudi Arabia, in which members of the United States Armed Forces assist 
        in aerial targeting and help to coordinate military and intelligence 
        activities;
Whereas, in December 2017, Secretary of Defense James N. Mattis stated, ``We 
        have gone in to be very--to be helpful where we can in identifying how 
        you do target analysis and how you make certain you hit the right 
        thing.'';
Whereas the conflict between the Saudi-led coalition and the Houthis 
        constitutes, within the meaning of section 4(a) of the War Powers 
        Resolution (50 U.S.C. 1543(a)), either hostilities or a situation where 
        imminent involvement in hostilities is clearly indicated by the 
        circumstances into which United States Armed Forces have been 
        introduced;
Whereas section 5(c) of the War Powers Resolution (50 U.S.C. 1544(c)) states 
        that ``at any time that United States Armed Forces are engaged in 
        hostilities outside the territory of the United States, its possessions 
        and territories without a declaration of war or specific statutory 
        authorization, such forces shall be removed by the President if the 
        Congress so directs'';
Whereas 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,'' and activities that the United 
        States is conducting in support of the Saudi-led coalition, including 
        aerial refueling and targeting assistance, fall within this definition;
Whereas section 1013 of the Department of State Authorization Act, Fiscal Years 
        1984 and 1985 (50 U.S.C. 1546a) provides that any joint resolution or 
        bill to require the removal of United States Armed Forces engaged in 
        hostilities without a declaration of war or specific statutory 
        authorization shall be considered in accordance with the expedited 
        procedures of section 601(b) of the International Security and Arms 
        Export Control Act of 1976 (Public Law 94-329; 90 Stat. 765); and
Whereas no specific statutory authorization for the use of United States Armed 
        Forces with respect to the conflict between the Saudi-led coalition and 
        the Houthis in Yemen has been enacted, and no provision of law 
        explicitly authorizes the provision of targeting assistance or of midair 
        refueling services to warplanes of Saudi Arabia or the United Arab 
        Emirates that are engaged in such conflict: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

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

    Pursuant to section 1013 of the Department of State Authorization 
Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) and in accordance 
with the provisions of section 601(b) of the International Security 
Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 
Stat. 765), Congress hereby directs the President to remove United 
States Armed Forces from hostilities in or affecting the Republic of 
Yemen, except United States Armed Forces engaged in operations directed 
at al Qaeda or associated forces, by not later than the date that is 30 
days after the date of the adoption of this joint resolution (unless 
the President requests and Congress authorizes a later date), and 
unless and until a declaration of war or specific authorization for 
such use of United States Armed Forces has been enacted.
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