IA 

117TH CONGRESS 

2D SESSION H. J. RES. 87 

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 

MAY 31, 2022 

Mr. DEFAZIO (for himself, Ms. JAYAPAL, Ms. MACE, Mr. SCHIFF, Mr. 

KHANNA, Mr. MCGOVERN, Mr. BIGGS, Mr. GAETZ, Ms. LEE of California, Mr. HIMES, Mr. LIEU, Mr. CONNOLLY, Mr. GARAMENDI, Mr. 

MASSIE, Mr. BUCK, Mr. PALLONE, Ms. PORTER, Ms. SCHAKOWSKY, Ms. 

MOORE of Wisconsin, Mr. JONES, Ms. TLAIB, Mr. POCAN, Mrs. DINGELL, Mr. JOHNSON of Georgia, Mr. WELCH, Mr. DOGGETT, Mr. 

LOWENTHAL, Mr. GARCI ́A of Illinois, Ms. OMAR, Ms. JACOBS of California, Mr. EVANS, Ms. ESHOO, Mr. LEVIN of Michigan, Mr. LARSEN of 

Washington, Mr. ESPAILLAT, Ms. WILD, Mr. BOWMAN, Mr. CARSON, Ms. 

NORTON, Ms. PRESSLEY, Ms. SCANLON, and Mr. SAN NICOLAS) submitted the following joint resolution; which was referred to the Committee 

on Foreign Affairs 

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: 


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

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

3 States Constitution. 

4 (2) Congress has not declared war with respect 

5 to, or provided a specific statutory authorization for, 

6 the conflict between military forces led by Saudi 

7 Arabia, including forces from the United Arab Emir8 ates, Bahrain, Kuwait, Egypt, Jordan, Morocco, 

9 Senegal, and Sudan (in this section referred to as 

10 the ‘‘Saudi-led coalition’’), against the Houthis, also 

11 known as Ansar Allah, in the Republic of Yemen. 

12 (3) Since March 2015, United States Armed 

13 Forces have been introduced into hostilities between 

14 the Saudi-led coalition and the Houthis in Yemen. 

15 (4) The conflict between the Saudi-led coalition 

16 and the Houthis constitutes, within the meaning of 

17 section 4(a)(1) of the War Powers Resolution (50 

18 U.S.C. 1543(a)(1)), either hostilities or a situation 

19 where imminent involvement in hostilities is clearly 

20 indicated by the circumstances into which United 

21 States Armed Forces have been introduced. 

22 (5) Pursuant to section 5(b) of the War Powers 

23 Resolution (50 U.S.C. 1544(b)), the President shall 

24 terminate any use of United States Armed Forces 

25 unless the Congress has declared war or has enacted 


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1 a specific authorization for such use of United 

2 States Armed Forces. 

3 (6) Section 5(c) of the War Powers Resolution 

4 (50 U.S.C. 1544(c)) states that ‘‘at any time that 

5 United States Armed Forces are engaged in hos6 tilities outside the territory of the United States, its 

7 possessions and territories without a declaration of 

8 war or specific statutory authorization, such forces 

9 shall be removed by the President if the Congress so 

10 directs’’. 

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

12 (50 U.S.C. 1547(c)) defines the introduction of 

13 United States Armed Forces to include ‘‘the assign14 ment of members of such armed forces to command, 

15 coordinate, participate in the movement of, or ac16 company the regular or irregular military forces of 

17 any foreign country or government when such mili18 tary forces are engaged, or there exists an imminent 

19 threat that such forces will become engaged, in hos20 tilities’’, and activities that the United States is con21 ducting in support of the Saudi-led coalition fall 

22 within this definition. 

23 (8) Section 1013 of the Department of State 

24 Authorization Act, Fiscal Years 1984 and 1985 (50 

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


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1 bill to require the removal of United States Armed 

2 Forces engaged in hostilities without a declaration of 

3 war or specific statutory authorization shall be con4 sidered in accordance with the expedited procedures 

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

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

7 329; 90 Stat. 765). 

8 (9) No declaration of war, specific statutory au9 thorization, or national emergency created by attack 

10 upon the United States, its territories or posses11 sions, or its Armed Forces exists for the use of 

12 United States Armed Forces with respect to the con13 flict between the Saudi-led coalition and the Houthis 

14 in Yemen pursuant to section 2(c) of the War Pow15 ers Resolution (50 U.S.C. 1541(c)). Further, no pro16 vision of law explicitly authorizes the assignment of 

17 United States Armed Forces to command, coordi18 nate, participate in the movement of, or accompany 

19 the regular or irregular military forces of the Saudi20 led coalition in hostilities against the Houthis in 

21 Yemen. 


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1 SEC. 2. 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) IN GENERAL.—Pursuant to section 1013 of the 

6 Department of State Authorization Act, Fiscal Years 

7 1984 and 1985 (50 U.S.C. 1546a) and in accordance with 

8 the provisions of section 601(b) of the International Secu9 rity Assistance and Arms Export Control Act of 1976 

10 (Public Law 94–329; 90 Stat. 765), Congress hereby di11 rects the President to remove United States Armed Forces 

12 from hostilities against the Houthis in the Republic of 

13 Yemen by not later than the date that is 30 days after 

14 the date of the adoption of this joint resolution (unless 

15 the President requests and the Congress authorizes by 

16 joint resolution a later date), and unless and until a dec17 laration of war or specific authorization for such use of 

18 United States Armed Forces has been enacted. 

19 (b) HOSTILITIES DEFINED.—For purposes of this 

20 joint resolution, the term ‘‘hostilities’’ includes the fol21 lowing: 

22 (1) With respect to United States participation 

23 in the Saudi-led coalition’s military operations 

24 against the Houthis in Yemen— 

25 (A) sharing intelligence for the purpose of 

26 enabling offensive coalition strikes; and 


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1 (B) providing logistical support for offen2 sive coalition strikes, including by providing 

3 maintenance or transferring spare parts to coa4 lition members flying warplanes engaged in 

5 anti-Houthi bombings in Yemen. 

6 (2) The assignment of United States Armed 

7 Forces, including any civilian or military personnel 

8 of the Department of Defense, to command, coordi9 nate, participate in the movement of, or accompany 

10 the regular or irregular military forces of the Saudi11 led coalition forces in hostilities against the Houthis 

12 in Yemen or in situations in which there exists an 

13 imminent threat that such coalition forces become 

14 engaged in such hostilities, unless and until the 

15 President has obtained specific statutory authoriza16 tion, in accordance with section 8(a) of the War 

17 Powers Resolution (50 U.S.C. 1547(a)). 

18 (c) RULES OF CONSTRUCTION.—(1) The prohibitions 

19 under this section may not be construed to apply with re20 spect to United States Armed Forces engaged in oper21 ations directed at al Qaeda or associated forces. 

22 (2) Consistent with section 8(a)(1) of the War Pow23 ers Resolution (50 U.S.C. 1547(a)(1)), nothing in this 

24 joint resolution may be construed as authorizing the use 

25 of military force. 


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1 (3) Nothing in this joint resolution may be construed 

2 to limit, expand, or otherwise modify the scope of the Au3 thorization for Use of Military Force (Public Law 107– 

4 40; 50 U.S.C. 1541 note). 

Æ 


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