[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 87 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. J. RES. 87
Directing the removal of United States Armed Forces from hostilities in
the Republic of Yemen that have not been authorized by Congress.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 31, 2022
Mr. DeFazio (for himself, Ms. Jayapal, Ms. Mace, Mr. Schiff, Mr.
Khanna, Mr. McGovern, Mr. Biggs, Mr. Gaetz, Ms. Lee of California, Mr.
Himes, Mr. Lieu, Mr. Connolly, Mr. Garamendi, Mr. Massie, Mr. Buck, Mr.
Pallone, Ms. Porter, Ms. Schakowsky, Ms. Moore of Wisconsin, Mr. Jones,
Ms. Tlaib, Mr. Pocan, Mrs. Dingell, Mr. Johnson of Georgia, Mr. Welch,
Mr. Doggett, Mr. Lowenthal, Mr. Garcia of Illinois, Ms. Omar, Ms.
Jacobs of California, Mr. Evans, Ms. Eshoo, Mr. Levin of Michigan, Mr.
Larsen of Washington, Mr. Espaillat, Ms. Wild, Mr. Bowman, Mr. Carson,
Ms. Norton, Ms. Pressley, Ms. Scanlon, and Mr. San Nicolas) submitted
the following joint resolution; which was referred to the Committee on
Foreign Affairs
_______________________________________________________________________
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 of the United
States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds the following:
(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 (in this section referred to as the
``Saudi-led coalition''), against the Houthis, also known as
Ansar Allah, in the Republic of Yemen.
(3) Since March 2015, United States Armed Forces have been
introduced into hostilities between the Saudi-led coalition and
the Houthis in Yemen.
(4) The conflict between the Saudi-led coalition and the
Houthis constitutes, within the meaning of section 4(a)(1) of
the War Powers Resolution (50 U.S.C. 1543(a)(1)), 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.
(5) Pursuant to section 5(b) of the War Powers Resolution
(50 U.S.C. 1544(b)), the President shall terminate any use of
United States Armed Forces unless the Congress has declared war
or has enacted a specific authorization for such use of United
States Armed Forces.
(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''.
(7) 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 fall within this definition.
(8) 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).
(9) No declaration of war, specific statutory
authorization, or national emergency created by attack upon the
United States, its territories or possessions, or its Armed
Forces exists for the use of United States Armed Forces with
respect to the conflict between the Saudi-led coalition and the
Houthis in Yemen pursuant to section 2(c) of the War Powers
Resolution (50 U.S.C. 1541(c)). Further, no provision of law
explicitly authorizes the assignment of United States Armed
Forces to command, coordinate, participate in the movement of,
or accompany the regular or irregular military forces of the
Saudi-led coalition in hostilities against the Houthis in
Yemen.
SEC. 2. REMOVAL OF UNITED STATES ARMED FORCES FROM HOSTILITIES IN THE
REPUBLIC OF YEMEN THAT HAVE NOT BEEN AUTHORIZED BY
CONGRESS.
(a) In General.--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 against
the Houthis in the Republic of Yemen 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 the Congress authorizes by joint resolution
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.
(b) Hostilities Defined.--For purposes of this joint resolution,
the term ``hostilities'' includes the following:
(1) With respect to United States participation in the
Saudi-led coalition's military operations against the Houthis
in Yemen--
(A) sharing intelligence for the purpose of
enabling offensive coalition strikes; and
(B) providing logistical support for offensive
coalition strikes, including by providing maintenance
or transferring spare parts to coalition members flying
warplanes engaged in anti-Houthi bombings in Yemen.
(2) The assignment of United States Armed Forces, including
any civilian or military personnel of the Department of
Defense, to command, coordinate, participate in the movement
of, or accompany the regular or irregular military forces of
the Saudi-led coalition forces in hostilities against the
Houthis in Yemen or in situations in which there exists an
imminent threat that such coalition forces become engaged in
such hostilities, unless and until the President has obtained
specific statutory authorization, in accordance with section
8(a) of the War Powers Resolution (50 U.S.C. 1547(a)).
(c) Rules of Construction.--(1) The prohibitions under this section
may not be construed to apply with respect to United States Armed
Forces engaged in operations directed at al Qaeda or associated forces.
(2) 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.
(3) Nothing in this joint resolution may be construed 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).
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