[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 37 Reported in House (RH)]
<DOC>
Union Calendar No. 2
116th CONGRESS
1st Session
H. J. RES. 37
[Report No. 116-7]
Directing the removal of United States Armed Forces from hostilities in
the Republic of Yemen that have not been authorized by Congress.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 30, 2019
Mr. Khanna (for himself, Mr. Pocan, Mr. McGovern, Mr. Smith of
Washington, Mr. Hoyer, Mr. Engel, Ms. Jayapal, Ms. Lee of California,
Mr. Ted Lieu of California, Ms. Gabbard, Mr. Buck, Mr. Biggs, Mr.
Schiff, Mrs. Lowey, Mr. Jones, Mr. Kennedy, Ms. Schakowsky, Mr.
Gallego, Mr. Panetta, Mr. Courtney, Mr. Cooper, Mr. Castro of Texas,
Ms. Sanchez, Mr. Garamendi, Mr. Carbajal, Mr. Grijalva, Mr. Sarbanes,
Mr. Cicilline, Mr. Lujan, Mr. Lipinski, Ms. Omar, Mr. Himes, Ms.
Ocasio-Cortez, Mr. Hastings, Mrs. Watson Coleman, Mrs. Carolyn B.
Maloney of New York, Ms. Tlaib, Mr. Cartwright, Mr. Crow, Mr. Cohen,
Mr. Loebsack, Mr. Lowenthal, Mr. Levin of Michigan, Ms. McCollum, Mr.
Serrano, Mr. Krishnamoorthi, Mr. Danny K. Davis of Illinois, Mr. Cox of
California, Ms. Clarke of New York, Ms. Johnson of Texas, Mr. Deutch,
Mrs. Dingell, Ms. Judy Chu of California, Ms. Clark of Massachusetts,
Ms. Sherrill, Mr. Ruppersberger, Ms. Norton, Mr. Cisneros, Mrs.
Napolitano, Ms. Moore, Mr. Huffman, Mr. DeFazio, Mr. Tonko, Mr. Welch,
Mr. Rose of New York, Ms. Velazquez, Ms. Blunt Rochester, Ms. DelBene,
Ms. Bonamici, Mr. Moulton, and Mr. Neguse) submitted the following
joint resolution; which was referred to the Committee on Foreign
Affairs
February 8, 2019
Additional sponsors: Mr. Espaillat, Mr. Doggett, Mr. Brown of Maryland,
Ms. Pressley, Ms. Bass, Mr. Blumenauer, Mr. Costa, Mr. Gomez, Mr. Levin
of California, Mr. Rush, Ms. Wilson of Florida, Mr. Raskin, Ms. Eshoo,
Ms. Titus, Mr. Connolly, Mr. Quigley, Miss Rice of New York, Ms.
Pingree, Mr. Yarmuth, Ms. Wild, Mr. Golden, Mr. Trone, Ms. Waters, Ms.
Porter, Mr. Kildee, and Ms. DeGette
February 8, 2019
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
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.
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, 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. 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. 5. 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.
Union Calendar No. 2
116th CONGRESS
1st Session
H. J. RES. 37
[Report No. 116-7]
_______________________________________________________________________
JOINT RESOLUTION
Directing the removal of United States Armed Forces from hostilities in
the Republic of Yemen that have not been authorized by Congress.
_______________________________________________________________________
February 8, 2019
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed