Directing the removal of United States Armed Forces from hostilities in the Republic of Yemen that have not been authorized by Congress.

IIB 116TH CONGRESS 1ST SESSION H. J. RES. 37 IN THE SENATE OF THE UNITED STATES FEBRUARY 14, 2019 Received; read twice and referred to the Committee on Foreign Relations JOINT RESOLUTION Directing the removal of United States Armed Forces from hostilities in the Republic of Yemen that have not been authorized by Congress. Resolved by the Senate and House of Representatives 1 of the United States of America in Congress assembled, 2 SECTION 1. FINDINGS. 3 Congress finds the following: 4 VerDate Sep 11 2014 22:33 Feb 14, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\HJ37.RFS HJ37 kjohnson on DSK79L0C42 with BILLS 2 HJ 37 RFS (1) Congress has the sole power to declare war 1 under article I, section 8, clause 11 of the United 2 States Constitution. 3 (2) Congress has not declared war with respect 4 to, or provided a specific statutory authorization for, 5 the conflict between military forces led by Saudi 6 Arabia, including forces from the United Arab Emir- 7 ates, Bahrain, Kuwait, Egypt, Jordan, Morocco, 8 Senegal, and Sudan (the Saudi-led coalition), 9 against the Houthis, also known as Ansar Allah, in 10 the Republic of Yemen. 11 (3) Since March 2015, members of the United 12 States Armed Forces have been introduced into hos- 13 tilities between the Saudi-led coalition and the 14 Houthis, including providing to the Saudi-led coali- 15 tion aerial targeting assistance, intelligence sharing, 16 and mid-flight aerial refueling. 17 (4) The United States has established a Joint 18 Combined Planning Cell with Saudi Arabia, in which 19 members of the United States Armed Forces assist 20 in aerial targeting and help to coordinate military 21 and intelligence activities. 22 (5) In December 2017, Secretary of Defense 23 James N. Mattis stated, ‘‘We have gone in to be 24 very—to be helpful where we can in identifying how 25 VerDate Sep 11 2014 22:33 Feb 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HJ37.RFS HJ37 kjohnson on DSK79L0C42 with BILLS 3 HJ 37 RFS you do target analysis and how you make certain 1 you hit the right thing.’’. 2 (6) The conflict between the Saudi-led coalition 3 and the Houthis constitutes, within the meaning of 4 section 4(a) of the War Powers Resolution (50 5 U.S.C. 1543(a)), either hostilities or a situation 6 where imminent involvement in hostilities is clearly 7 indicated by the circumstances into which United 8 States Armed Forces have been introduced. 9 (7) Section 5(c) of the War Powers Resolution 10 (50 U.S.C. 1544(c)) states that, ‘‘at any time that 11 United States Armed Forces are engaged in hos- 12 tilities outside the territory of the United States, its 13 possessions and territories without a declaration of 14 war or specific statutory authorization, such forces 15 shall be removed by the President if the Congress so 16 directs’’. 17 (8) Section 8(c) of the War Powers Resolution 18 (50 U.S.C. 1547(c)) defines the introduction of 19 United States Armed Forces to include ‘‘the assign- 20 ment of members of such armed forces to command, 21 coordinate, participate in the movement of, or ac- 22 company the regular or irregular military forces of 23 any foreign country or government when such mili- 24 tary forces are engaged, or there exists an imminent 25 VerDate Sep 11 2014 22:33 Feb 14, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HJ37.RFS HJ37 kjohnson on DSK79L0C42 with BILLS 4 HJ 37 RFS threat that such forces will become engaged, in hos- 1 tilities’’, and activities that the United States is con- 2 ducting in support of the Saudi-led coalition, includ- 3 ing aerial refueling and targeting assistance, fall 4 within this definition. 5 (9) Section 1013 of the Department of State 6 Authorization Act, Fiscal Years 1984 and 1985 (50 7 U.S.C. 1546a) provides that any joint resolution or 8 bill to require the removal of United States Armed 9 Forces engaged in hostilities without a declaration of 10 war or specific statutory authorization shall be con- 11 sidered in accordance with the expedited procedures 12 of section 601(b) of the International Security and 13 Arms Export Control Act of 1976 (Public Law 94– 14 329; 90 Stat. 765). 15 (10) No specific statutory authorization for the 16 use of United States Armed Forces with respect to 17 the conflict between the Saudi-led coalition and the 18 Houthis in Yemen has been enacted, and no provi- 19 sion of law explicitly authorizes the provision of tar- 20 geting assistance or of midair refueling services to 21 warplanes of Saudi Arabia or the United Arab Emir- 22 ates that are engaged in such conflict. 23 VerDate Sep 11 2014 22:33 Feb 14, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HJ37.RFS HJ37 kjohnson on DSK79L0C42 with BILLS 5 HJ 37 RFS (11) It is in the national security interest of the 1 United States to combat anti-Semitism around the 2 world because— 3 (A) anti-Semitism is a challenge to the 4 basic principles of tolerance, pluralism, and de- 5 mocracy, and the shared values that bind Amer- 6 icans together; 7 (B) there has been a significant amount of 8 anti-Semitic and anti-Israel hatred that must 9 be most strongly condemned; and 10 (C) there is an urgent need to ensure the 11 safety and security of Jewish communities, in- 12 cluding synagogues, schools, cemeteries, and 13 other institutions. 14 (12) It is in the foreign policy interest of the 15 United States to continue to emphasize the impor- 16 tance of combating anti-Semitism in our bilateral 17 and multilateral relations, including with the United 18 Nations, European Union institutions, Arab League, 19 and the Organization for Security and Cooperation 20 in Europe. 21 (13) Because it is important to the national se- 22 curity interest of the United States to maintain 23 strong bipartisan support for Israel, the only democ- 24 racy in the Middle East, all attempts to delegitimize 25 VerDate Sep 11 2014 22:33 Feb 14, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\HJ37.RFS HJ37 kjohnson on DSK79L0C42 with BILLS 6 HJ 37 RFS and deny Israel’s right to exist must be denounced 1 and rejected. 2 (14) It is in the national security interest of the 3 United States to oppose restrictive trade practices or 4 boycotts fostered or imposed by any foreign country 5 against other countries friendly to the United States 6 or against any United States person. 7 SEC. 2. REMOVAL OF UNITED STATES ARMED FORCES 8 FROM HOSTILITIES IN THE REPUBLIC OF 9 YEMEN THAT HAVE NOT BEEN AUTHORIZED 10 BY CONGRESS. 11 Pursuant to section 1013 of the Department of State 12 Authorization Act, Fiscal Years 1984 and 1985 (50 13 U.S.C. 1546a) and in accordance with the provisions of 14 section 601(b) of the International Security Assistance 15 and Arms Export Control Act of 1976 (Public Law 94– 16 329; 90 Stat. 765), Congress hereby directs the President 17 to remove United States Armed Forces from hostilities in 18 or affecting the Republic of Yemen, except United States 19 Armed Forces engaged in operations directed at al-Qaeda 20 or associated forces, by not later than the date that is 21 30 days after the date of the enactment of this joint reso- 22 lution (unless the President requests and Congress author- 23 izes a later date), and unless and until a declaration of 24 war or specific authorization for such use of United States 25 VerDate Sep 11 2014 22:33 Feb 14, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\HJ37.RFS HJ37 kjohnson on DSK79L0C42 with BILLS 7 HJ 37 RFS Armed Forces has been enacted. For purposes of this reso- 1 lution, in this section, the term ‘‘hostilities’’ includes in- 2 flight refueling of, non-United States aircraft conducting 3 missions as part of the ongoing civil war in Yemen. 4 SEC. 3. RULE OF CONSTRUCTION REGARDING CONTINUED 5 MILITARY OPERATIONS AND COOPERATION 6 WITH ISRAEL. 7 Nothing in this joint resolution may be construed to 8 influence or disrupt any military operations and coopera- 9 tion with Israel. 10 SEC. 4. RULE OF CONSTRUCTION REGARDING INTEL- 11 LIGENCE SHARING. 12 Nothing in this joint resolution may be construed to 13 influence or disrupt any intelligence, counterintelligence, 14 or investigative activities conducted by, or in conjunction 15 with, the United States Government involving— 16 (1) the collection of intelligence; 17 (2) the analysis of intelligence; or 18 (3) the sharing of intelligence between the 19 United States and any foreign country if the Presi- 20 dent determines such sharing is appropriate and in 21 the national security interests of the United States. 22 VerDate Sep 11 2014 22:33 Feb 14, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\HJ37.RFS HJ37 kjohnson on DSK79L0C42 with BILLS 8 HJ 37 RFS SEC. 5. REPORT ON RISKS POSED BY CEASING SAUDI ARA- 1 BIA SUPPORT OPERATIONS. 2 Not later than 90 days after the date of the enact- 3 ment of this joint resolution, the President shall submit 4 to Congress a report assessing the risks posed to United 5 States citizens and the civilian population of Saudi Arabia 6 and the risk of regional humanitarian crises if the United 7 States were to cease support operations with respect to 8 the conflict between the Saudi-led coalition and the 9 Houthis in Yemen. 10 SEC. 6. REPORT ON INCREASED RISK OF TERRORIST AT- 11 TACKS TO UNITED STATES ARMED FORCES 12 ABROAD, ALLIES, AND THE CONTINENTAL 13 UNITED STATES IF SAUDI ARABIA CEASES 14 YEMEN-RELATED INTELLIGENCE SHARING 15 WITH THE UNITED STATES. 16 Not later than 90 days after the date of the enact- 17 ment of this joint resolution, the President shall submit 18 to Congress a report assessing the increased risk of ter- 19 rorist attacks on United States Armed Forces abroad, al- 20 lies, and to the continental United States if the Govern- 21 VerDate Sep 11 2014 22:33 Feb 14, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\HJ37.RFS HJ37 kjohnson on DSK79L0C42 with BILLS 9 HJ 37 RFS ment of Saudi Arabia were to cease Yemen-related intel- 1 ligence sharing with the United States. 2 Passed the House of Representatives February 13, 2019. Attest: KAREN L. HAAS, Clerk. 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