[Congressional Record Volume 165, Number 59 (Thursday, April 4, 2019)]
[House]
[Pages H3075-H3080]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  0945
DIRECTING THE REMOVAL OF UNITED STATES ARMED FORCES FROM HOSTILITIES IN 
    THE REPUBLIC OF YEMEN THAT HAVE NOT BEEN AUTHORIZED BY CONGRESS

  Mr. ENGEL. Madam Speaker, pursuant to House Resolution 274, I call up 
the joint resolution (S.J. Res. 7) to direct the removal of United 
States Armed Forces from hostilities in the Republic of Yemen that have 
not been authorized by Congress, and ask for its immediate 
consideration.
  The Clerk read the title of the joint resolution.
  The SPEAKER pro tempore (Mrs. Watson Coleman). Pursuant to House 
Resolution 274, the joint resolution is considered read.
  The text of the joint resolution is as follows:

                              S.J. Res. 7

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       Congress makes the following findings:
       (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 of non-United 
     States aircraft conducting missions as part of the ongoing 
     civil war in Yemen.

[[Page H3076]]

  


     SEC. 3. RULE OF CONSTRUCTION REGARDING CONTINUED MILITARY 
                   OPERATIONS AND COOPERATION WITH ISRAEL.

       Nothing in this joint resolution shall 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 relating to threats in or 
     emanating from Yemen 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 coalition partner 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.

     SEC. 7. RULE OF CONSTRUCTION REGARDING NO AUTHORIZATION FOR 
                   USE OF MILITARY FORCE.

       Consistent with section 8(a)(1) of the War Powers 
     Resolution (50 U.S.C. 1547(a)(1)), nothing in this joint 
     resolution may be construed as authorizing the use of 
     military force.

  The SPEAKER pro tempore. The joint resolution shall be debatable for 
1 hour, equally divided and controlled by the chair and ranking 
minority member of the Committee on Foreign Affairs.
  The gentleman from New York (Mr. Engel) and the gentleman from Texas 
(Mr. McCaul) each will control 30 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. ENGEL. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and to insert extraneous material on S.J. Res. 7.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. ENGEL. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, it is a little surprising that we find ourselves back 
on the floor debating this resolution. After all, it has already passed 
both Chambers with bipartisan support. It has passed the Senate twice.
  Opponents of this measure have used every trick in the book to slow 
it down, to try and derail it, but we have reached the last page in 
that book, and I am confident that after we vote today, this resolution 
will head to the President's desk, and the President will have to face 
the reality that Congress is no longer going to ignore its 
constitutional obligations when it comes to foreign policy and when it 
comes to determining when and where our military is engaged in 
hostilities.
  We are taking up this resolution because we see a policy from this 
administration that has strayed from our values and a crisis that 
demands moral leadership, which is the war in Yemen.
  I fully understand America's security concerns in Yemen. I appreciate 
the complexities of our interests in the region. The Houthis are 
trouble. They launch missiles and armed UAVs into Saudi territory and 
international waters, and that is a direct threat to Americans. They 
are starving the Yemeni people, diverting assistance, and holding 
civilians hostage to their political demands.
  The Houthis are one of the groups Iran uses to drive instability and 
gain influence. We all know what a serious threat Iran poses in the 
region. The regime is the world's prolific state sponsor of terrorism, 
so it is important that we push back against Iran and those who depend 
on Iranian support.
  But the Saudi-led coalition's response has not grappled with this 
problem in a responsible way, in a way designed to minimize damage to 
civilians and the communities where they live, and in a way that could 
help bring about a political solution to this crisis.
  Instead, time after time after time, coalition strikes have resulted 
in the loss of innocent life, and the violence has set off ripple 
effects that have contributed to the worst humanitarian crisis in the 
world.
  Madam Speaker, 85,000 children have starved to death and 14 million 
are on the brink of famine. More than 1 million suffer from cholera, 
and just last week, the coalition reportedly bombed a hospital run by 
Save the Children.
  In the face of this catastrophe, the administration has demanded no 
accountability from the Saudis and Emiratis. But Congress won't remain 
silent.
  This brings us, once again, to the resolution we are now considering. 
This measure would specifically ban aerial refueling of warplanes 
carrying out airstrikes. The Defense Department has stopped refueling 
as a matter of policy. This measure would do so as a matter of law.
  The Defense Department also says that the United States is not 
engaged in hostilities when it comes to this war. Well, the Defense 
Department is entitled to its opinion, but Congress is a coequal branch 
of government, and only we say when the United States is at war. We 
don't look to the executive branch to explain the war powers that 
reside in this body or for permission to exercise that power, the power 
the Framers gave to Congress.
  This measure is written very narrowly, so it won't tie the hands of 
the executive branch or set new precedents or cause unintended 
consequences when it comes to our other security agreements around the 
world.
  It does nothing to expand or modify the authority provided under the 
Authorization for Use of Military Force this body passed in 2001. 
Instead, it focuses on this particular tragedy and sends the message 
that enough is enough, that Congress will no longer abdicate its 
responsibility when it comes to foreign policy, and that we will push 
to make sure our values are at the core of how the United States 
conducts itself around the world.
  This resolution is rooted in those values: respect for human rights, 
for human dignity, and for the belief that all people should be able to 
live free of fear, oppression, and violence.
  I hope the President understands that; and if he uses his veto pen, I 
hope he understands just what it is he is vetoing.
  Let me thank Mr. Khanna for his hard work and leadership on the 
resolution we are considering today.
  I also want to thank our ranking member on the Foreign Affairs 
Committee, Mr. McCaul. We have an honest disagreement on this one, but 
he has consistently and forthrightly made his case on the policy. I am 
grateful to all my colleagues who have contributed so much to this 
important debate.
  Madam Speaker, I reserve the balance of my time.
  Mr. McCAUL. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, let me first say, at the outset, that the chairman and 
I work very closely together. There is a recent article that said that 
Chairman Eliot Engel and Ranking Member McCaul forge a rare bipartisan 
bond, and I think that is the way we like to conduct this committee. It 
is a national security committee, and it needs to be bipartisan. 
However, as the chairman mentioned, there are times when we do have 
policy differences, but we do have respect in those differences.

  We did take this up on the floor several weeks ago. I did oppose it 
then, and I oppose it for the same reasons today, most importantly, 
because the resolution uses the war powers mechanisms to direct the 
removal of U.S. troops from hostilities.
  The problem is there are no U.S. Forces to remove, and the basic 
premise of this resolution is that somehow we have forces in Yemen that 
need to be removed that are engaged in hostilities. As the Department 
of Defense

[[Page H3077]]

has repeatedly confirmed, no United States Forces are conducting 
hostilities against the Houthis in Yemen.
  This resolution abuses a war powers tool to get at a completely 
different security assistance issue which Congress already has clear 
tools to address. If Members want to condition or cut off U.S. security 
assistance to Saudi Arabia, then bring forward a bill to do just that.
  But this resolution does nothing to address the humanitarian crisis 
in Yemen. It does nothing to secure justice for the heinous murder of 
Jamal Khashoggi. It does not even make real decisions on U.S. security 
assistance to Saudi Arabia. The only thing it addresses clearly is the 
midair refueling of coalition aircraft, ended in November of 2018, 
which is not in danger of restarting.
  Meanwhile, this resolution stretches the definition of war powers 
hostilities to cover non-U.S. military operations by other countries. 
Specifically, it reinterprets U.S. support to these countries as 
``engagement in hostilities.''
  This radical reinterpretation has implications far beyond Saudi 
Arabia. This precedent will empower any single Member to use privileged 
war powers procedures to force congressional referendums that could 
disrupt U.S. security cooperation agreements with more than 100 
countries around the world.
  Just days after Israel was forced to respond to rocket attacks from 
Gaza, I believe this would be a dangerous precedent to legitimize this 
abuse of process.
  It could also be used to call into question our commitments to NATO 
members. Let me remind my colleagues that we are celebrating NATO's 
70th anniversary this week, as we saw the Secretary of NATO address a 
joint session of Congress.
  Finally, this one-sided resolution completely ignores the destructive 
role of the Houthis and their backers in Tehran. The Houthis violently 
overthrew the Government of Yemen. They are attacking Saudi Arabia with 
weapons they got from Iran in violation of the U.N. Security Council 
resolutions. They have killed Saudi civilians and endangered many 
Americans living there.
  Human Rights Watch accused the Houthis of taking hostages and 
torturing detainees. The United Nations says the Houthis use civilian 
human shields. The World Food Program has criticized them for illegally 
stealing urgently needed food aid. The Houthis have targeted ships in 
the Red Sea.
  These realities are ignored in the text of this resolution. The only 
impact this resolution will have on the Houthis will be to encourage 
them.
  In addition, Madam Speaker, this is very important because, since the 
last time we debated this on the floor, the Houthis engaged in a 
propaganda outlet, supported by Hezbollah, actively touting this very 
resolution online. They used our debate on the floor of the Congress to 
advance their propaganda, a proxy of Iran and Yemen.
  This is what we are doing here today. I would submit, Madam Speaker, 
that is very dangerous. It is dangerous, and I believe it is reckless.
  This will weaken the hand of the U.N. Special Envoy, as well, to 
Yemen, whose efforts currently represent the best hope we have of 
bringing a negotiated end to this conflict and ending the suffering of 
the people of Yemen.
  So, for these reasons, I continue to oppose this pro-Iran, pro-Houthi 
resolution. I hope that my colleagues will join me in voting against 
it, and I reserve the balance of my time.
  Mr. ENGEL. Madam Speaker, I yield 2\1/2\ minutes to the gentleman 
from Texas (Mr. Doggett).
  Mr. DOGGETT. Madam Speaker, the blood of innocents stains this Trump 
administration. And while the Trump family pals around with Saudi 
murderers, that blood continues to flow in the world's worst 
humanitarian disaster. Only last week, four years after the first Saudi 
assault on Yemen, they killed another group of children at a hospital, 
apparently with American bombs.
  Just as the Trump administration has aided and abetted war crimes in 
Yemen, this Congress has aided and abetted the Trump administration in 
avoiding any accountability.
  Last year, Republicans blocked any consideration of a bipartisan 
Senate resolution to stop U.S. involvement in this war. Most recently, 
these folks used a devious motion to recommit, whose real purpose was 
not the very worthy goal of condemning anti-Semitism, but the sole 
purpose was to obstruct this resolution and ensure it never became 
adopted by Congress.
  Today, we must reject any such motion--no matter how worthy it may 
be, it can be dealt with in other legislation--in order to halt all 
American involvement in this travesty.
  We are talking about our relations with the Saudis. You know those 
folks, Madam Speaker. They are the ones with the leader with the bone 
saw to dismember an opponent and who tortures women for asserting their 
rights.
  Hearts do break for those who are lost and tortured, but until we 
break with the Saudis in Yemen, the bombing, the starvation, the 
disease, and the slaughter will continue.
  Months, years, hundreds of small graves ago, this Congress should 
have done its job. Today is a moment of moral clarity, a moment for 
this Chamber to act as the Constitution requires: to weigh war and 
peace and, for once, to extract ourselves from a war we did not start 
and to find a way to make peace the victor.
  We can finally place a clean War Powers Act resolution directly on 
President Trump's desk, and do so today. Let us do what is right, and 
let us do so before more young lives are destroyed.
  Mr. McCAUL. Madam Speaker, I continue to reserve the balance of my 
time.
  Mr. ENGEL. Madam Speaker, I yield 2 minutes to the gentlewoman from 
California (Ms. Lee).
  Ms. LEE of California. Madam Speaker, first of all, let me thank 
Chairman Engel for yielding and also for his leadership.
  Also, I want to just mention Congressmen Khanna, Pocan, and McGovern. 
I want to also thank them in addition to Chairman Engel for bringing 
this critical measure to the floor.
  Madam Speaker, I rise in strong support of S.J. Res. 7, which, of 
course, is a joint resolution directing the removal of U.S. Armed 
Forces from hostilities in Yemen.
  This critical resolution, which we are taking now for the second time 
this Congress, would end America's unconstitutional participation in 
the war in Yemen.
  Since 2015, the United States has participated in the Saudi-led 
military campaign in Yemen without authorization from Congress. We have 
helped create and worsen the world's greatest and largest humanitarian 
crisis.
  Madam Speaker, 22.2 million Yemenis--that is 75 percent of the 
population--needs humanitarian assistance.

                              {time}  1000

  At least 85,000 children under the age of 5--85,000--have died from 
war-related hunger and disease.
  Our involvement in this war is shameful. That is why this bipartisan 
and bicameral measure to end the United States' unconstitutional role 
in this war is so important.
  Yes, Madam Speaker, I voted against that 2001 resolution, because I 
knew it was open-ended and would set the stage for endless wars. It was 
a blank check. We see this once again today in Yemen. We must repeal 
this 2001 blank check for endless wars.
  Over the past 18 years, we have seen the executive branch use this 
AUMF time and time again. It is a blank check to wage war without 
congressional oversight.
  It is past time for Congress to reassert our Constitutional duty to 
debate on matters of war and peace, and it is past time to end this 
illegal, horrific war in Yemen.
  Madam Speaker, I urge my colleagues to vote ``yes'' and to support 
this bipartisan bill to end the United States' role in Yemen.
  Mr. ENGEL. Madam Speaker, I yield 2\1/2\ minutes to the gentlewoman 
from Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. Madam Speaker, I thank the gentleman from New York 
and the gentleman from Texas. We may have some agreements because, 
frankly, I think there is not one person on this floor, in this House 
and in the Senate, who does not believe that there has been enormous 
violence in Yemen.
  I have been to Yemen. I want to go back. I know that it is, if not 
the poorest, one of the poorest nations in the world. The children are 
suffering. There is a humanitarian crisis.

[[Page H3078]]

  If the United States should be engaged in any aspect of this, let our 
presence loom large in a humanitarian way.
  I think it is important to remind my colleagues of the vicious 
bombing of an innocent school bus where 40 children died and any number 
of other incidences where children were involved and died.
  Now, these children are suffering from malnutrition and are dying 
from lack of access to healthcare, as well as no food. We can be a 
major force, the United States, in providing that humanitarian aid.
  But this is a resolution already passed by the other body, the 
Senate, that indicates that, if we are to be engaged in a war, there 
must be a debate under the Constitution about taking Americans into 
war. Because the Americans who offer their sons and daughters clearly 
are sacrificing. And those who put on the uniform--and we thank them--
are willing to sacrifice their lives.
  This is a conflict between the Saudis and Houthis. It is a violence 
that is going to go on and on. And if we are to prop them up--the 
Saudis--they will never stop. They will never seek reconciliation. They 
will never stop killing the babies because of an ``accident,'' they 
declared: It was a mistake. We don't know how it happened.
  We cannot allow Yemeni children, or any children, to be in the line 
of fire.
  So, this resolution indicates that the Congress must make a 
determinative, if you will, assessment and engagement through the War 
Powers Act and its powers to declare war under the Constitution.
  Frankly, I believe that this is a must-pass resolution. It must be 
signed immediately, and can be signed, by the President of the United 
States, and we can begin to, in an effective manner, withdraw troops 
and provide humanitarian aid to save the lives of children.
  Madam Speaker, I support the resolution, and I thank the Senate for 
sending it to us. We should vote on it and pass it now.
  Mr. ENGEL. Madam Speaker, I yield 2 minutes to the gentleman from 
Michigan (Mr. Levin).
  Mr. LEVIN of Michigan. Madam Speaker, I thank the chairman for his 
leadership on this, and I really want to thank Representative Ro Khanna 
for his continued, steadfast efforts to end this situation.
  So, I strongly urge my colleagues to support this resolution and 
finally end U.S. involvement in the Saudi-led war in Yemen.
  If we fail to act today, if we let one more opportunity to end these 
horrors pass us by, we are telling the world we are okay with another 
day in which innocent civilians are killed; another day that nearly 20 
million people go without basic healthcare, and even more in need of 
emergency food aid; another day that a child must battle illnesses that 
could easily have been prevented, if not for this crisis happening on 
our watch.
  We have an opportunity, as Members of this body, Republicans and 
Democrats, to tackle the difficult problems and have the debates that 
others have ignored for too long. This is one of those problems. And 
this is one of those moments that makes me optimistic that the tide is 
finally turning.
  I want to thank the chairman for making this a top priority. It is 
long past time for Congress to reassert its role, our role, in foreign 
policy and exercise our Constitutional duty.
  Seeing the level of suffering in Yemen, we cannot wait one more day 
to do it. I urge my colleagues to support this resolution.
  Mr. ENGEL. Madam Speaker, I yield 1\1/2\ minutes to the gentleman 
from California (Mr. Khanna), who has been so instrumental in bringing 
everyone together to make a change in policy that is much needed.
  Mr. KHANNA. Madam Speaker, I want to thank the chairman for his 
leadership and his entire staff's leadership for getting us to this 
point. Let me be very clear. If it weren't for Chairman Engel, we would 
not have this vote on the floor today.
  My motivation for this bill is very simple. I don't want to see 14 
million Yemenis starve to death. That is what Martin Griffith had said 
at the U.N., that if the Saudis don't stop their blockade and let food 
and medicine in, within 6 months we will see one of the greatest 
humanitarian crises in the world.
  That should be a bipartisan issue, that this Congress speak with a 
moral voice that food and medicine should get to civilians.

  Now, as Chairman Engel knows, and others know, I am not for the BDS 
movement. I have supported very strongly resolutions condemning anti-
Semitism. But I also don't think that these tactics should be used as 
weapons to prevent efforts to stop the greatest humanitarian crisis in 
the world. That is insulting. It is insulting.
  Those issues should be voted on separately, and I will proudly vote, 
when the time comes, against the BDS efforts.
  Madam Speaker, I want to, with that, thank again Chairman Engel, 
Representative McGovern, Speaker Pelosi, and Majority Leader Hoyer and 
their teams for getting us to this point.
  Mr. ENGEL. Madam Speaker, I yield 1 minute to the gentleman from 
California (Mr. Schiff).
  Mr. SCHIFF. Madam Speaker, I thank the gentleman for yielding, and I 
rise in strong support of S.J. Res. 7 invoking the War Powers 
Resolution to withdraw U.S. military support for the Gulf coalition in 
Yemen.
  For 4 years, the war in Yemen has ground on, killing tens of 
thousands of Yemeni civilians, and putting millions at imminent risk of 
starvation and deprivation.
  The cause of the war is complicated and has much to do with Iran's 
malign influence.
  But our interest today is not in debating the blame for the war, but 
in bringing it to an end. That is why I urge all Members to support 
this resolution, because it is in our interest and, above all, in the 
interest of the Yemeni people to end the war.
  U.S. military support for the Saudi coalition has not prevented 
civilian suffering, and it is my hope that, by withdrawing our support, 
we will make clear that a diplomatic resolution is the only resolution 
to the conflict.
  Madam Speaker, I urge support for this resolution. I urge Members to 
oppose any motion to commit, which would have the effect of killing 
this bill and prolonging the world's worst humanitarian crisis.
  Mr. McCAUL. Madam Speaker, I yield myself such time as I may consume.
  As I close, I include in the Record a statement of administration 
policy issued on Monday.

                   Statement of Administration Policy


  S.J. Res. 7--Directing the President to Remove United States Armed 
  Forces from Hostilities in the Republic of Yemen that Have Not Been 
      Authorized by Congress--Sen. Sanders, I-VT and 19 cosponsors

       The Administration strongly opposes passage of S.J. Res. 7, 
     a joint resolution that purports to direct the President to 
     remove United States forces from hostilities in or affecting 
     the Republic of Yemen, with certain exceptions.
       The premise of the joint resolution is flawed. Since 2015, 
     the United States has provided limited support to member 
     countries of the Saudi-led coalition, including intelligence 
     sharing, logistics support, and, until recently, aerial 
     refueling, to assist in the defense of United States allies 
     and partners. The provision of this support has not caused 
     United States forces to be introduced into hostilities. Such 
     support is provided pursuant to licenses and approvals under 
     the Arms Export Control Act, statutory authorities for 
     Department of Defense to provide logistics support to foreign 
     countries, and the President's constitutional powers. Because 
     the President has directed United States forces to support 
     the Saudi-led coalition under his constitutional powers, the 
     joint resolution would raise serious constitutional concerns 
     to the extent it seeks to override the President's 
     determination as Commander in Chief.
       In addition to its erroneous premise, the joint resolution 
     would harm bilateral relationships in the region, negatively 
     affect our ability to prevent the spread of violent extremist 
     organizations--such as al-Qa'ida in the Arabian Peninsula and 
     ISIS in Yemen--and establish bad precedent for future 
     legislation by defining ``hostilities'' to include defense 
     cooperation such as aerial refueling for purposes of this 
     legislation. While we appreciate that sections 5 and 6 of the 
     resolution acknowledge these serious consequences to some 
     extent, after-the-fact reporting is not an effective means to 
     mitigate them. Our continued cooperation with regional 
     partner nations allows the United States to support 
     diplomatic negotiations to end the conflict, promote 
     humanitarian access, mitigate civilian casualties, enhance 
     efforts to recover United States hostages in Yemen, and 
     defeat terrorists who seek to harm the United States.

[[Page H3079]]

       If S.J. Res. 7 were presented to the President, his senior 
     advisors would recommend he veto the joint resolution.

  Mr. McCAUL. Madam Speaker, it really, basically, states yet again 
that the fundamental premise of this resolution is flawed, because U.S. 
forces are not engaged in hostilities against the Houthis in Yemen, 
which is what the War Powers Act requires.
  If we want to cut off economic assistance or logistic assistance, 
security assistance to Saudi, there is a way to do that, but it is not 
through the War Powers Act.
  I think it is unfortunate that we couldn't work that out, but I think 
we are using the wrong vehicle here. I think this confrontation abuses 
the War Powers process, and we need to protect the integrity of the War 
Powers Act that Congress, in its wisdom, passed.
  Also, what worries me is the resolution stays silent on the role of 
Iran. It does not condemn the Houthis, who are responsible for the 
killings. It tells them both to press on. It also undermines the peace 
negotiations going on, as I speak. The U.S. envoy is working with the 
full support of the United States to negotiate a political end to this 
conflict.
  Getting all parties to the table has taken substantial pressure, 
which I believe this resolution would relieve.
  Again, I think the fact that the Houthis are using this resolution as 
propaganda to advance their cause is concerning and disturbing.
  The other side cannot tell us specifically what assistance this 
resolution would cut off. What I can say for sure is that this 
resolution says to the Houthis and to Iran to keep going, because you 
can gain more ground.
  It only emboldens the rebels who violently overthrew Yemen's 
government and the radical regime that backs them. That would be Iran.
  So I think this resolution would set a dangerous precedent with 
respect to the War Powers Act, a dangerous, damaging policy. Once 
again, Madam Speaker, I urge my colleagues to vote against it, and I 
yield back the balance of my time.
  Mr. ENGEL. Madam Speaker, I yield myself such time as I may consume.
  In closing, let me say this. Everyone who knows me knows that I hold 
Iran guilty to many nefarious things that are happening in that region. 
This is not really about Iran. Iran is providing dangerous weapons to 
the Houthis, and the Houthis have starved the Yemeni people, killed 
civilians, and diverted assistance. I am not here to defend the 
Houthis.
  The Saudis do have legitimate concerns about the Houthis, and the 
Houthis are not my vision of good and righteous. Quite the opposite.
  But this resolution doesn't empower Iran. Quite the opposite. The 
longer the conflict goes on, and the longer the United States supports 
it, the better off Iran is.
  We are really doing two things here. We are saying to the 
administration--and I, frankly, would say this, given my experience 
over the past two decades--to any administration. There is no blank 
check for war. We have abrogated our responsibility in the years that I 
have been here--and I am as guilty as anyone--by allowing 
administration after administration after administration to conduct 
wars that this body should have voted on.
  Only Congress can declare war. And if we ignore what is happening 
with the civilian population in this war with the Houthis, then we do 
so at our own peril. We then say that, because Saudi Arabia does have 
legitimate concerns--and they do--we are giving them a blank check to 
do whatever they want.

                              {time}  1015

  No blank checks anymore. No blank checks to say the administration 
can run wars without getting the approval of Congress. And no blank 
checks to indiscriminately bomb and have innocent civilians and 
schoolchildren in buses be killed, and people starving in a 
humanitarian crisis.
  We can't just sit back and say: ``Well, you know, we have 
difficulties with Iran, so we are going to look the other way.'' I have 
lots of difficulties with Iran, but we can't look the other way when 
people are starving or when people are being killed. That is what we 
are doing now.
  So we are doing two things. We are saying no more war in which we are 
complicit, where a population is wholesale starving. We are also saying 
that this body is not giving a blank check to every administration. And 
I would be doing this no matter who the President of the United States 
was.
  We need to reclaim our authority. We have fought in war after war 
after war. As everyone knows, we haven't declared war since before all 
of us were born, since December 7, 1941, when President Roosevelt stood 
up right here and declared war. That was the last time.
  I hope this will be the start of Congress taking back its 
constitutional power, not for the sake of having a fight with the 
executive branch, but for the sake of doing what we are supposed to do.
  Congress has the power to declare war. Congress has the power to say 
what we do when it comes to war. We are taking that back today. We are 
saying that America will not be complicit in the wholesale beating down 
of civilian populations and looking the other way.
  Let me say that again. Iran has fueled this conflict through its 
support for the Houthis, but the longer this conflict rages, the better 
it is for Iran. Iran thrives on every misstep of the Saudi-led 
coalition. A vote for this resolution is a vote to end the United 
States' involvement in this war, a war which helps Iran.
  Let me say again, for Congress, this is an important step in 
reclaiming our role in foreign policy, by debating where and when the 
United States military is engaged abroad. With the humanitarian crisis 
in Yemen, it is critical that we act now. I urge my colleagues to join 
me in supporting it.
  Before I yield back, I want to, again, tell Mr. McCaul that we don't 
always agree on things. I think we agree on things more than we don't. 
But I do appreciate his earnest attempts with me to try to make foreign 
policy as bipartisan as we can. I think that is what we need to do.
  We need to show unity in strength. In unity, there is strength. We 
are all Americans. We may disagree from time to time, but I think we 
are not going to be disagreeable. So I thank Mr. McCaul.
  Madam Speaker, I yield back the balance of my time.
  Ms. JACKSON LEE. Madam Speaker, I rise today in strong support of 
S.J. Res. 7, which directs the removal of United States Armed Forces 
from hostilities in the Republic of Yemen that have not been authorized 
by Congress.
  The passage of S.J. Res. 7 would mark the first time in the 45 years 
since the enactment of the War Powers Act that the House of 
Representatives successfully invoked the statute's removal mechanism to 
compel the Executive Branch to remove American troops from harm's way.
  I support this resolution because, Congress has the sole power to 
declare war under Article I, Section 8, Clause 11 of the United States 
Constitution.
  Madam Speaker, 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.
  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.
  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.
  Madam Speaker, 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.
  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.''
  Most importantly, no specific statutory authorization for the use of 
United States Armed

[[Page H3080]]

Forces with respect to the conflict between the Saudi-led coalition and 
the Houthis in Yemen has been enacted.
  Also, 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.
  For this reason, the resolution directs that the President 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.
  The resolution makes clear that the term ``hostilities'' includes in-
flight refueling, non-United States aircraft conducting missions as 
part of the ongoing civil war in Yemen.
  Madam Speaker, Yemen is the largest humanitarian crisis in the world 
right now. The Yemen crisis began in the Arab Spring of 2011, when an 
uprising forced the country's long-time authoritarian president, Ali 
Abdullah Saleh, to hand over power to his deputy, Abdrabbuh Mansour 
Hadi.
  Since 2015, Saudi Arabia has launched an estimated 18,000 air strikes 
on Yemen, attacking hospitals, schools, water treatment plants, 
funerals, markets and even farms.
  The Saudis also imposed a blockade on food, fuel and medicine from 
freely entering the country in what can only be described as a 
deliberate effort to starve the civilian population into submission.
  More than 14 million Yemenis are steps away from starvation and at 
least 85,000 children under the age of five have perished from war-
related hunger and disease.
  The United States has supported the Saudi led air campaign with mid-
air refueling support, intelligence and targeting assistance, and other 
support.
  Yemen is experiencing the world's worst famine in 100 years, with 12 
million to 13 million innocent civilians at risk of dying from the lack 
of food within months.
  Madam Speaker, too many lives hang in the balance to allow American 
involvement in Yemen war to continue.
  I ask all members to join me in supporting S.J. Res. 37.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to the rule, the previous question is ordered on the joint 
resolution.
  The question is on the third reading of the joint resolution.
  The joint resolution was ordered to be read a third time, and was 
read the third time.
  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further 
consideration of S.J. Res. 7 is postponed.

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