IV 

115TH CONGRESS 

2D SESSION H. CON. RES. 138 

Directing the President pursuant to section 5(c) of the War Powers Resolution 

to remove United States Armed Forces from hostilities in the Republic 

of Yemen that have not been authorized by Congress. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 26, 2018 

Mr. KHANNA (for himself, Mr. SMITH of Washington, Mr. POCAN, Mr. 

MCGOVERN, Mr. HOYER, Mr. ENGEL, Mr. MASSIE, Mr. TED LIEU of 

California, Ms. LEE, Mr. O’ROURKE, Mr. JONES, Mr. COURTNEY, Mr. 

KENNEDY, Ms. SCHAKOWSKY, Ms. GABBARD, Mr. CAPUANO, Ms. 

CLARKE of New York, Mr. ESPAILLAT, Mr. GRIJALVA, Ms. JAYAPAL, Ms. 

MOORE, Mrs. DINGELL, Mr. DEFAZIO, Mr. BLUMENAUER, Mr. DEUTCH, 

Mr. WELCH, and Mrs. LOWEY) submitted the following concurrent resolution; which was referred to the Committee on Foreign Affairs 

CONCURRENT RESOLUTION 

Directing the President pursuant to section 5(c) of the War 

Powers Resolution to remove United States Armed 

Forces from hostilities in the Republic of Yemen that 

have not been authorized by Congress. 

1 Resolved by the House of Representatives (the Senate 

2 concurring), 


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1 SECTION 1. REMOVAL OF UNITED STATES ARMED FORCES 

2 FROM HOSTILITIES IN THE REPUBLIC OF 

3 YEMEN THAT HAVE NOT BEEN AUTHORIZED 

4 BY CONGRESS. 

5 (a) FINDINGS.—Congress finds the following: 

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

7 under article I, section 8 of the Constitution. 

8 (2) Congress has not declared war with respect 

9 to, or provided any specific statutory authorization 

10 for, United States military participation in the con11 flict between military forces led by Saudi Arabia and 

12 the United Arab Emirates (the ‘‘Saudi-led coali13 tion’’) against the Houthis in the Republic of 

14 Yemen, and the United States has not designated 

15 Yemen’s Houthis under any authorization for use of 

16 military force, despite members of the United States 

17 Armed Forces having provided intelligence sharing 

18 and mid-flight aerial refueling for Saudi-led coalition 

19 warplanes conducting airstrikes against the Houthis 

20 since March 2015. 

21 (3) President Obama reported to Congress on 

22 October 14, 2016, consistent with the reporting re23 quirements of the War Powers Resolution (Public 

24 Law 93–148; 50 U.S.C. 1541 et seq.), that the 

25 Houthis attacked United States ships operating in 

26 international waters on October 9 and October 12, 


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1 2016, and the United States responded to threats 

2 against United States vessels, personnel, and free3 dom of navigation with strikes against three radar 

4 facilities in Houthi-controlled territory. 

5 (4) Section 8(c) of the War Powers Resolution 

6 (50 U.S.C. 1547(c)) defines the introduction of 

7 United States Armed Forces to include ‘‘the assign8 ment of members of such armed forces to command, 

9 coordinate, participate in the movement of, or ac10 company the regular or irregular military forces of 

11 any foreign country or government when such mili12 tary forces are engaged, or there exists an imminent 

13 threat that such forces will become engaged, in hos14 tilities’’. 

15 (b) REMOVAL OF ARMED FORCES.—Pursuant to sec16 tion 5(c) of the War Powers Resolution (50 U.S.C. 

17 1544(c)), Congress hereby directs the President to remove 

18 United States Armed Forces from hostilities in the Repub19 lic of Yemen, except United States Armed Forces engaged 

20 in operations authorized under the 2001 Authorization for 

21 Use of Military Force (Public Law 107–40; 50 U.S.C. 

22 1541 note), not later than 30 days after the date of the 

23 adoption of this concurrent resolution unless and until a 


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1 declaration of war or specific authorization for such use 

2 of United States Armed Forces has been enacted into law. 

Æ 


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