IB 

Union Calendar No. 2 

116TH CONGRESS 

1ST SESSION H. J. RES. 37 

[Report No. 116–7] 

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 

JANUARY 30, 2019 

Mr. KHANNA (for himself, Mr. POCAN, Mr. MCGOVERN, Mr. SMITH of Washington, Mr. HOYER, Mr. ENGEL, Ms. JAYAPAL, Ms. LEE of California, 

Mr. TED LIEU of California, Ms. GABBARD, Mr. BUCK, Mr. BIGGS, Mr. 

SCHIFF, Mrs. LOWEY, Mr. JONES, Mr. KENNEDY, Ms. SCHAKOWSKY, 

Mr. GALLEGO, Mr. PANETTA, Mr. COURTNEY, Mr. COOPER, Mr. CASTRO

of Texas, Ms. SA ́NCHEZ, Mr. GARAMENDI, Mr. CARBAJAL, Mr. GRIJALVA, 

Mr. SARBANES, Mr. CICILLINE, Mr. LUJA ́N, Mr. LIPINSKI, Ms. OMAR, 

Mr. HIMES, Ms. OCASIO-CORTEZ, Mr. HASTINGS, Mrs. WATSON COLEMAN, Mrs. CAROLYN B. MALONEY of New York, Ms. TLAIB, Mr. CARTWRIGHT, Mr. CROW, Mr. COHEN, Mr. LOEBSACK, Mr. LOWENTHAL, Mr. 

LEVIN of Michigan, Ms. MCCOLLUM, Mr. SERRANO, Mr. 

KRISHNAMOORTHI, Mr. DANNY K. DAVIS of Illinois, Mr. COX of California, Ms. CLARKE of New York, Ms. JOHNSON of Texas, Mr. DEUTCH, 

Mrs. DINGELL, Ms. JUDY CHU of California, Ms. CLARK of Massachusetts, Ms. SHERRILL, Mr. RUPPERSBERGER, Ms. NORTON, Mr. 

CISNEROS, Mrs. NAPOLITANO, Ms. MOORE, Mr. HUFFMAN, Mr. DEFAZIO, Mr. TONKO, Mr. WELCH, Mr. ROSE of New York, Ms. VELA ́ZQUEZ, 

Ms. BLUNT ROCHESTER, Ms. DELBENE, Ms. BONAMICI, Mr. MOULTON, 

and Mr. NEGUSE) submitted the following joint resolution; which was referred to the Committee on Foreign Affairs 

FEBRUARY 8, 2019 

Additional sponsors: Mr. ESPAILLAT, Mr. DOGGETT, Mr. BROWN of Maryland, 

Ms. PRESSLEY, Ms. BASS, Mr. BLUMENAUER, Mr. COSTA, Mr. GOMEZ, 

Mr. LEVIN of California, Mr. RUSH, Ms. WILSON of Florida, Mr. 

RASKIN, Ms. ESHOO, Ms. TITUS, Mr. CONNOLLY, Mr. QUIGLEY, Miss 

RICE of New York, Ms. PINGREE, Mr. YARMUTH, Ms. WILD, Mr. GOLDVerDate Sep 11 2014 21:33 Feb 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\HJ37.RH HJ37

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EN, Mr. TRONE, Ms. WATERS, Ms. PORTER, Mr. KILDEE, and Ms. 

DEGETTE

FEBRUARY 8, 2019 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

JOINT RESOLUTION 

Directing the removal of United States Armed Forces from 

hostilities in the Republic of Yemen that have not been 

authorized by Congress. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 SECTION 1. FINDINGS. 

4 Congress finds the following: 

5 (1) Congress has the sole power to declare war 

6 under article I, section 8, clause 11 of the United 

7 States Constitution. 

8 (2) Congress has not declared war with respect 

9 to, or provided a specific statutory authorization for, 

10 the conflict between military forces led by Saudi 

11 Arabia, including forces from the United Arab Emir12 ates, Bahrain, Kuwait, Egypt, Jordan, Morocco, 

13 Senegal, and Sudan (the Saudi-led coalition), 

14 against the Houthis, also known as Ansar Allah, in 

15 the Republic of Yemen. 


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1 (3) Since March 2015, members of the United 

2 States Armed Forces have been introduced into hos3 tilities between the Saudi-led coalition and the 

4 Houthis, including providing to the Saudi-led coali5 tion aerial targeting assistance, intelligence sharing, 

6 and mid-flight aerial refueling. 

7 (4) The United States has established a Joint 

8 Combined Planning Cell with Saudi Arabia, in which 

9 members of the United States Armed Forces assist 

10 in aerial targeting and help to coordinate military 

11 and intelligence activities. 

12 (5) In December 2017, Secretary of Defense 

13 James N. Mattis stated, ‘‘We have gone in to be 

14 very—to be helpful where we can in identifying how 

15 you do target analysis and how you make certain 

16 you hit the right thing.’’. 

17 (6) The conflict between the Saudi-led coalition 

18 and the Houthis constitutes, within the meaning of 

19 section 4(a) of the War Powers Resolution (50 

20 U.S.C. 1543(a)), either hostilities or a situation 

21 where imminent involvement in hostilities is clearly 

22 indicated by the circumstances into which United 

23 States Armed Forces have been introduced. 

24 (7) Section 5(c) of the War Powers Resolution 

25 (50 U.S.C. 1544(c)) states that, ‘‘at any time that 


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1 United States Armed Forces are engaged in hos2 tilities outside the territory of the United States, its 

3 possessions and territories without a declaration of 

4 war or specific statutory authorization, such forces 

5 shall be removed by the President if the Congress so 

6 directs’’. 

7 (8) Section 8(c) of the War Powers Resolution 

8 (50 U.S.C. 1547(c)) defines the introduction of 

9 United States Armed Forces to include ‘‘the assign10 ment of members of such armed forces to command, 

11 coordinate, participate in the movement of, or ac12 company the regular or irregular military forces of 

13 any foreign country or government when such mili14 tary forces are engaged, or there exists an imminent 

15 threat that such forces will become engaged, in hos16 tilities’’, and activities that the United States is con17 ducting in support of the Saudi-led coalition, includ18 ing aerial refueling and targeting assistance, fall 

19 within this definition. 

20 (9) Section 1013 of the Department of State 

21 Authorization Act, Fiscal Years 1984 and 1985 (50 

22 U.S.C. 1546a) provides that any joint resolution or 

23 bill to require the removal of United States Armed 

24 Forces engaged in hostilities without a declaration of 

25 war or specific statutory authorization shall be conVerDate Sep 11 2014 21:33 Feb 08, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HJ37.RH HJ37

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1 sidered in accordance with the expedited procedures 

2 of section 601(b) of the International Security and 

3 Arms Export Control Act of 1976 (Public Law 94– 

4 329; 90 Stat. 765). 

5 (10) No specific statutory authorization for the 

6 use of United States Armed Forces with respect to 

7 the conflict between the Saudi-led coalition and the 

8 Houthis in Yemen has been enacted, and no provi9 sion of law explicitly authorizes the provision of tar10 geting assistance or of midair refueling services to 

11 warplanes of Saudi Arabia or the United Arab Emir12 ates that are engaged in such conflict. 

13 SEC. 2. REMOVAL OF UNITED STATES ARMED FORCES 

14 FROM HOSTILITIES IN THE REPUBLIC OF 

15 YEMEN THAT HAVE NOT BEEN AUTHORIZED 

16 BY CONGRESS. 

17 Pursuant to section 1013 of the Department of State 

18 Authorization Act, Fiscal Years 1984 and 1985 (50 

19 U.S.C. 1546a) and in accordance with the provisions of 

20 section 601(b) of the International Security Assistance 

21 and Arms Export Control Act of 1976 (Public Law 94– 

22 329; 90 Stat. 765), Congress hereby directs the President 

23 to remove United States Armed Forces from hostilities in 

24 or affecting the Republic of Yemen, except United States 

25 Armed Forces engaged in operations directed at al-Qaeda 


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1 or associated forces, by not later than the date that is 

2 30 days after the date of the enactment of this joint reso3 lution (unless the President requests and Congress author4 izes a later date), and unless and until a declaration of 

5 war or specific authorization for such use of United States 

6 Armed Forces has been enacted. For purposes of this reso7 lution, in this section, the term ‘‘hostilities’’ includes in8 flight refueling, non-United States aircraft conducting 

9 missions as part of the ongoing civil war in Yemen. 

10 SEC. 3. RULE OF CONSTRUCTION REGARDING CONTINUED 

11 MILITARY OPERATIONS AND COOPERATION 

12 WITH ISRAEL. 

13 Nothing in this joint resolution may be construed to 

14 influence or disrupt any military operations and coopera15 tion with Israel. 

16 SEC. 4. REPORT ON RISKS POSED BY CEASING SAUDI ARA17 BIA SUPPORT OPERATIONS. 

18 Not later than 90 days after the date of the enact19 ment of this joint resolution, the President shall submit 

20 to Congress a report assessing the risks posed to United 

21 States citizens and the civilian population of Saudi Arabia 

22 and the risk of regional humanitarian crises if the United 

23 States were to cease support operations with respect to 

24 the conflict between the Saudi-led coalition and the 

25 Houthis in Yemen. 


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1 SEC. 5. REPORT ON INCREASED RISK OF TERRORIST AT2 TACKS TO UNITED STATES ARMED FORCES 

3 ABROAD, ALLIES, AND THE CONTINENTAL 

4 UNITED STATES IF SAUDI ARABIA CEASES 

5 YEMEN-RELATED INTELLIGENCE SHARING 

6 WITH THE UNITED STATES. 

7 Not later than 90 days after the date of the enact8 ment of this joint resolution, the President shall submit 

9 to Congress a report assessing the increased risk of ter10 rorist attacks on United States Armed Forces abroad, al11 lies, and to the continental United States if the Govern12 ment of Saudi Arabia were to cease Yemen-related intel13 ligence sharing with the United States. 


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Union Calendar No. 2 

116TH CONGRESS 

1ST SESSION H. J. RES. 37 

[Report No. 116–7] 

JOINT RESOLUTION 

Directing the removal of United States Armed 

that have not been authorized by Congress. Forces from hostilities in the Republic of Yemen 

FEBRUARY 8, 2019 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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