[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.
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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.
____________________