[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 77 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. CON. RES. 77
Directing the President pursuant to section 5(c) of the War Powers
Resolution to remove United States Armed Forces from hostilities in the
Syrian Arab Republic that have not been authorized by Congress.
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IN THE HOUSE OF REPRESENTATIVES
November 21, 2019
Ms. Gabbard submitted the following concurrent resolution; which was
referred to the Committee on Foreign Affairs
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CONCURRENT RESOLUTION
Directing the President pursuant to section 5(c) of the War Powers
Resolution to remove United States Armed Forces from hostilities in the
Syrian Arab Republic that have not been authorized by Congress.
Resolved by the House of Representatives (the Senate concurring),
SECTION 1. REMOVAL OF UNITED STATES ARMED FORCES FROM HOSTILITIES IN
THE SYRIAN ARAB REPUBLIC THAT HAVE NOT BEEN AUTHORIZED BY
CONGRESS.
(a) Findings.--Congress finds the following:
(1) Congress has the sole power to declare war under
article I, section 8 of the Constitution.
(2) Congress has not declared war with respect to, or
provided any specific statutory authorization for, United
States military participation in any activity related to
securing, guarding, possessing, profiting off of, or developing
the oil fields of the Syrian Arab Republic.
(3) President Donald Trump stated on October 27, 2019,
regarding Syria that ``we are leaving soldiers to secure the
oil. Now, we may have to fight for the oil. That's OK. Maybe
somebody else wants the oil, in which case they have a hell of
a fight.'' and that ``it can help us, because we should be able
to take some also. And what I intend to do, perhaps, is make a
deal with an ExxonMobil or one of our great companies to go in
there and do it properly. Right now it's not big. It's big oil
underground but it's not big oil up top.''.
(4) When asked by CNN on October 28, 2019, whether the
United States will prevent any Russian or Syrian Government
forces from gaining access to the oil, Secretary of Defense
Esper said, ``The short answer is yes, it presently does.''.
(5) 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.''.
(6) 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''.
(b) Removal of Armed Forces.--Pursuant to section 5(c) of the War
Powers Resolution (50 U.S.C. 1544(c)), Congress hereby directs the
President to remove United States Armed Forces from hostilities in the
Syrian Arab Republic, except for United States Armed Forces engaged in
operations directed at al Qaeda or associated forces, not later than 60
days after the date of the adoption of this concurrent resolution,
unless a declaration of war or specific authorization for such use of
United States Armed Forces has been enacted into law.
(c) Rule of Construction.--Nothing in this concurrent resolution
may be construed--
(1) to limit, expand, or otherwise modify the scope of the
Authorization for Use of Military Force (Public Law 107-40; 50
U.S.C. 1541 note); or
(2) consistent with section 8(a)(1) of the War Powers
Resolution (50 U.S.C. 1547(a)(1)), to authorize the use of
military force.
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