Text: S.J.Res.7 — 116th Congress (2019-2020)All Information (Except Text)

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[S.J. Res. 7 Enrolled Bill (ENR)]

        S.J.Res.7

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
           the third day of January, two thousand and nineteen


                            Joint Resolution


 
To direct 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 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.

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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.