[Congressional Record Volume 165, Number 156 (Thursday, September 26, 2019)]
[Senate]
[Page S5759]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




RELATING TO A NATIONAL EMERGENCY DECLARED BY THE PRESIDENT ON FEBRUARY 
                                15, 2019

  On Wednesday, September 25, 2019, the Senate passed S.J. Res. 54, as 
follows:

                              S.J. Res. 54

       Whereas Congress has the sole power to declare war under 
     article I, section 8, clause 11 of the United States 
     Constitution;
       Whereas Congress has not declared war with respect to, or 
     provided a specific statutory authorization for, the conflict 
     between military forces led by Saudi Arabia, including forces 
     from the United Arab Emirates, Bahrain, Kuwait, Egypt, 
     Jordan, Morocco, Senegal, and Sudan (the Saudi-led 
     coalition), against the Houthis, also known as Ansar Allah, 
     in the Republic of Yemen;
       Whereas, since March 2015, members of the United States 
     Armed Forces have been introduced into hostilities between 
     the Saudi-led coalition and the Houthis, including providing 
     to the Saudi-led coalition aerial targeting assistance, 
     intelligence sharing, and mid-flight aerial refueling;
       Whereas the United States has established a Joint Combined 
     Planning Cell with Saudi Arabia, in which members of the 
     United States Armed Forces assist in aerial targeting and 
     help to coordinate military and intelligence activities;
       Whereas, in December 2017, Secretary of Defense James N. 
     Mattis stated, ``We have gone in to be very--to be helpful 
     where we can in identifying how you do target analysis and 
     how you make certain you hit the right thing.'';
       Whereas the conflict between the Saudi-led coalition and 
     the Houthis constitutes, within the meaning of section 4(a) 
     of the War Powers Resolution (50 U.S.C. 1543(a)), either 
     hostilities or a situation where imminent involvement in 
     hostilities is clearly indicated by the circumstances into 
     which United States Armed Forces have been introduced;
       Whereas section 5(c) of the War Powers Resolution (50 
     U.S.C. 1544(c)) states that ``at any time that United States 
     Armed Forces are engaged in hostilities outside the territory 
     of the United States, its possessions and territories without 
     a declaration of war or specific statutory authorization, 
     such forces shall be removed by the President if the Congress 
     so directs'';
       Whereas section 8(c) of the War Powers Resolution (50 
     U.S.C. 1547(c)) defines the introduction of United States 
     Armed Forces to include ``the assignment of members of such 
     armed forces to command, coordinate, participate in the 
     movement of, or accompany the regular or irregular military 
     forces of any foreign country or government when such 
     military forces are engaged, or there exists an imminent 
     threat that such forces will become engaged, in 
     hostilities,'' and activities that the United States is 
     conducting in support of the Saudi-led coalition, including 
     aerial refueling and targeting assistance, fall within this 
     definition;
       Whereas section 1013 of the Department of State 
     Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 
     1546a) provides that any joint resolution or bill to require 
     the removal of United States Armed Forces engaged in 
     hostilities without a declaration of war or specific 
     statutory authorization shall be considered in accordance 
     with the expedited procedures of section 601(b) of the 
     International Security and Arms Export Control Act of 1976 
     (Public Law 94-329; 90 Stat. 765); and
       Whereas no specific statutory authorization for the use of 
     United States Armed Forces with respect to the conflict 
     between the Saudi-led coalition and the Houthis in Yemen has 
     been enacted, and no provision of law explicitly authorizes 
     the provision of targeting assistance or of midair refueling 
     services to warplanes of Saudi Arabia or the United Arab 
     Emirates that are engaged in such conflict: Now, therefore, 
     be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,

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

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

     SEC. 2. 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. 3. 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 the Kingdom 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. 4. REPORT ON INCREASED RISK OF TERRORIST ATTACKS TO 
                   UNITED STATES 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.

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