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[House Report 116-8]
[From the U.S. Government Publishing Office]

116th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {        116-8

======================================================================

 
  PROVIDING FOR CONSIDERATION OF THE JOINT RESOLUTION (H.J. RES. 37) 
DIRECTING THE REMOVAL OF UNITED STATES ARMED FORCES FROM HOSTILITIES IN 
   THE REPUBLIC OF YEMEN THAT HAVE NOT BEEN AUTHORIZED BY CONGRESS; 
   WAIVING A REQUIREMENT OF CLAUSE 6(A) OF RULE XIII WITH RESPECT TO 
  CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED FROM THE COMMITTEE ON 
 RULES; AND PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE RULES

                                _______
                                

 February 11, 2019.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. McGovern, from the Committee on Rules,
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 122]

    The Committee on Rules, having had under consideration 
House Resolution 122, by a record vote of 9 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.J. Res. 37, 
Directing the removal of United States Armed Forces from 
hostilities in the Republic of Yemen that have not been 
authorized by Congress, under a structured rule. The resolution 
provides one hour of general debate equally divided and 
controlled by the chair and ranking minority member of the 
Committee on Foreign Affairs. The resolution waives all points 
of order against consideration of the joint resolution. The 
resolution makes in order as original text for purpose of 
amendment the amendment in the nature of a substitute 
consisting of the text of Rules Committee Print 116-4 and 
provides that it shall be considered as read. The resolution 
waives all points of order against that amendment in the nature 
of a substitute. The resolution makes in order only those 
further amendments printed in this report. Each such amendment 
may be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The resolution waives 
all points of order against the amendments printed in this 
report. The resolution provides one motion to recommit with or 
without instructions. The resolution waives the requirement of 
clause 6(a) of rule XIII for a two-thirds vote to consider a 
report from the Committee on Rules on the same day it is 
presented to the House with respect to any resolution reported 
through the legislative day of February 17, 2019, relating to a 
measure making or continuing appropriations for the fiscal year 
ending September 30, 2019. The resolution provides that it 
shall be in order at any time through the calendar day of 
February 17, 2019, for the Speaker to entertain motions that 
the House suspend the rules and that the Speaker or her 
designee shall consult with the Minority Leader or his designee 
on the designation of any matter for consideration pursuant to 
this section. The resolution provides that the chair of the 
Committee on Appropriations may insert in the Congressional 
Record not later than February 17, 2019, such material as she 
may deem explanatory of measures making or continuing 
appropriations for the fiscal year ending September 30, 2019.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the joint resolution, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute made in order as 
original text, the Committee is not aware of any points of 
order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 13

    Motion by Mr. Hastings to report the rule. Adopted: 9-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Yea   Mr. Cole..........................          Nay
Mrs. Torres.....................................          Yea   Mr. Woodall.......................          Nay
Ms. Matsui......................................          Yea   Mr. Burgess.......................  ............
Mr. Perlmutter..................................          Yea   Mrs. Lesko........................          Nay
Mr. Raskin......................................          Yea
Ms. Scanlon.....................................          Yea
Mr. Morelle.....................................          Yea
Ms. Shalala.....................................          Yea
Mr. McGovern, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. McGovern (MA), Massie (KY), Lee, Barbara (CA), Jayapal 
(WA), Raskin (MD), Pocan (WI): Clarifies that the joint 
resolution directs the removal of armed forces from hostilities 
directed specifically at Houthi forces and that nothing in 
Section 2 may be construed to modify the 2001 AUMF. The 
amendment also states that nothing in the joint resolution may 
be construed as authorizing the use of military force. Finally, 
the amendment makes one technical correction. (10 minutes)
    2. Buck (CO): Ensures the U.S. may continue intelligence 
collection, analysis, and sharing operations with other 
nations. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

      1. An Amendment To Be Offered by Representative McGovern of 
        Massachusetts or His Designee, Debatable for 10 Minutes

  Page 4, line 12, after ``HOSTILITIES'' insert ``DIRECTED AT 
HOUTHI FORCES''.
  Page 4, line 15, strike ``Pursuant'' and insert the 
following:
  (a) In General.--Pursuant
  Page 4, line 21, after ``hostilities'' insert ``directed at 
Houthi forces''.
  Page 4, beginning on line 22, strike ``, except'' and all 
that follows through ``forces,'' on line 24.
  Page 5, line 6, strike ``refueling,'' and inserting 
``refueling of''.
  Page 5, after line 7, insert the following:
  (b) Rule of Construction.--Nothing in this section 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).
  At the end of the joint resolution (page 6, after line 13), 
add the following:

SEC. 6. RULE OF CONSTRUCTION.

      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.
                              ----------                              

2. An Amendment To Be Offered by Representative Buck of Colorado or His 
                   Designee, Debatable for 10 Minutes

  Page 5, after line 13, insert the following new section (and 
redesignate the subsequent sections accordingly):

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.

                                  [all]
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