[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 37 Engrossed in House (EH)]
<DOC>
116th CONGRESS
1st Session
H. J. RES. 37
_______________________________________________________________________
JOINT RESOLUTION
Directing the removal of United States Armed Forces from hostilities in
the Republic of Yemen that have not been authorized by Congress.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds the following:
(1) Congress has the sole power to declare war under
article I, section 8, clause 11 of the United States
Constitution.
(2) 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.
(3) 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.
(4) 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.
(5) 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.''.
(6) 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.
(7) 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''.
(8) 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.
(9) 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).
(10) 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.
(11) It is in the national security interest of the United
States to combat anti-Semitism around the world because--
(A) anti-Semitism is a challenge to the basic
principles of tolerance, pluralism, and democracy, and
the shared values that bind Americans together;
(B) there has been a significant amount of anti-
Semitic and anti-Israel hatred that must be most
strongly condemned; and
(C) there is an urgent need to ensure the safety
and security of Jewish communities, including
synagogues, schools, cemeteries, and other
institutions.
(12) It is in the foreign policy interest of the United
States to continue to emphasize the importance of combating
anti-Semitism in our bilateral and multilateral relations,
including with the United Nations, European Union institutions,
Arab League, and the Organization for Security and Cooperation
in Europe.
(13) Because it is important to the national security
interest of the United States to maintain strong bipartisan
support for Israel, the only democracy in the Middle East, all
attempts to delegitimize and deny Israel's right to exist must
be denounced and rejected.
(14) It is in the national security interest of the United
States to oppose restrictive trade practices or boycotts
fostered or imposed by any foreign country against other
countries friendly to the United States or against any United
States person.
SEC. 2. 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 enactment 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. For purposes
of this resolution, in this section, the term ``hostilities'' includes
in-flight refueling of, non-United States aircraft conducting missions
as part of the ongoing civil war in Yemen.
SEC. 3. RULE OF CONSTRUCTION REGARDING CONTINUED MILITARY OPERATIONS
AND COOPERATION WITH ISRAEL.
Nothing in this joint resolution may be construed to influence or
disrupt any military operations and cooperation with Israel.
SEC. 4. RULE OF CONSTRUCTION REGARDING INTELLIGENCE SHARING.
Nothing in this joint resolution may be construed to influence or
disrupt any intelligence, counterintelligence, or investigative
activities conducted by, or in conjunction with, the United States
Government involving--
(1) the collection of intelligence;
(2) the analysis of intelligence; or
(3) the sharing of intelligence between the United States
and any foreign country if the President determines such
sharing is appropriate and in the national security interests
of the United States.
SEC. 5. REPORT ON RISKS POSED BY CEASING SAUDI ARABIA SUPPORT
OPERATIONS.
Not later than 90 days after the date of the enactment of this
joint resolution, the President shall submit to Congress a report
assessing the risks posed to United States citizens and the civilian
population of Saudi Arabia and the risk of regional humanitarian crises
if the United States were to cease support operations with respect to
the conflict between the Saudi-led coalition and the Houthis in Yemen.
SEC. 6. REPORT ON INCREASED RISK OF TERRORIST ATTACKS TO UNITED STATES
ARMED FORCES ABROAD, ALLIES, AND THE CONTINENTAL UNITED
STATES IF SAUDI ARABIA CEASES YEMEN-RELATED INTELLIGENCE
SHARING WITH THE UNITED STATES.
Not later than 90 days after the date of the enactment of this
joint resolution, the President shall submit to Congress a report
assessing the increased risk of terrorist attacks on United States
Armed Forces abroad, allies, and to the continental United States if
the Government of Saudi Arabia were to cease Yemen-related intelligence
sharing with the United States.
Passed the House of Representatives February 13, 2019.
Attest:
Clerk.
116th CONGRESS
1st Session
H. J. RES. 37
_______________________________________________________________________
JOINT RESOLUTION
Directing the removal of United States Armed Forces from hostilities in
the Republic of Yemen that have not been authorized by Congress.