Text: H.J.Res.37 — 116th Congress (2019-2020)All Information (Except Text)

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Referred in Senate (02/14/2019)

 
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[H.J. Res. 37 Referred in Senate (RFS)]

<DOC>
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 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 (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.
            (11) It is in the national security interest of the United 
        States to combat anti-Semitism around the world because--
                    (A) anti-Semitism is a challenge to the basic 
                principles of tolerance, pluralism, and democracy, and 
                the shared values that bind Americans together;
                    (B) there has been a significant amount of anti-
                Semitic and anti-Israel hatred that must be most 
                strongly condemned; and
                    (C) there is an urgent need to ensure the safety 
                and security of Jewish communities, including 
                synagogues, schools, cemeteries, and other 
                institutions.
            (12) It is in the foreign policy interest of the United 
        States to continue to emphasize the importance of combating 
        anti-Semitism in our bilateral and multilateral relations, 
        including with the United Nations, European Union institutions, 
        Arab League, and the Organization for Security and Cooperation 
        in Europe.
            (13) Because it is important to the national security 
        interest of the United States to maintain strong bipartisan 
        support for Israel, the only democracy in the Middle East, all 
        attempts to delegitimize and deny Israel's right to exist must 
        be denounced and rejected.
            (14) It is in the national security interest of the United 
        States to oppose restrictive trade practices or boycotts 
        fostered or imposed by any foreign country against other 
        countries friendly to the United States or against any United 
        States person.

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 may 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 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 foreign country 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.

            Passed the House of Representatives February 13, 2019.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.