Directing the removal of United States Armed Forces from hostilities in the Republic of Yemen that have not been authorized by Congress.
Bill: H.J.Res.87 | Sponsor: Rep. DeFazio, Peter A. (D-OR)
Policy area: International Affairs

Summary:
This joint resolution directs the President to remove U.S. Armed Forces from hostilities against the Houthis in Yemen within 30 days of the enactment of this joint resolution unless Congress authorizes a later withdrawal date, issues a declaration of war, or specifically authorizes the use of the Armed Forces. Prohibited activities include sharing intelligence or providing logistical support to enable offensive strikes by the coalition led by Saudi Arabia. This joint resolution shall not affect any military operations directed at Al Qaeda or associated forces.

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. Garcia 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.

    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 (in this section referred to as the 
        ``Saudi-led coalition''), against the Houthis, also known as 
        Ansar Allah, in the Republic of Yemen.
            (3) Since March 2015, United States Armed Forces have been 
        introduced into hostilities between the Saudi-led coalition and 
        the Houthis in Yemen.
            (4) The conflict between the Saudi-led coalition and the 
        Houthis constitutes, within the meaning of section 4(a)(1) of 
        the War Powers Resolution (50 U.S.C. 1543(a)(1)), 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.
            (5) Pursuant to section 5(b) of the War Powers Resolution 
        (50 U.S.C. 1544(b)), the President shall terminate any use of 
        United States Armed Forces unless the Congress has declared war 
        or has enacted a specific authorization for such use of United 
        States Armed Forces.
            (6) 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''.
            (7) 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 fall within this definition.
            (8) 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).
            (9) No declaration of war, specific statutory 
        authorization, or national emergency created by attack upon the 
        United States, its territories or possessions, or its Armed 
        Forces exists for the use of United States Armed Forces with 
        respect to the conflict between the Saudi-led coalition and the 
        Houthis in Yemen pursuant to section 2(c) of the War Powers 
        Resolution (50 U.S.C. 1541(c)). Further, no provision of law 
        explicitly authorizes the assignment of United States Armed 
        Forces to command, coordinate, participate in the movement of, 
        or accompany the regular or irregular military forces of the 
        Saudi-led coalition in hostilities against the Houthis in 
        Yemen.

SEC. 2. REMOVAL OF UNITED STATES ARMED FORCES FROM HOSTILITIES IN THE 
              REPUBLIC OF YEMEN THAT HAVE NOT BEEN AUTHORIZED BY 
              CONGRESS.

    (a) In General.--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 against 
the Houthis in the Republic of Yemen by not later than the date that is 
30 days after the date of the adoption of this joint resolution (unless 
the President requests and the Congress authorizes by joint resolution 
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.
    (b) Hostilities Defined.--For purposes of this joint resolution, 
the term ``hostilities'' includes the following:
            (1) With respect to United States participation in the 
        Saudi-led coalition's military operations against the Houthis 
        in Yemen--
                    (A) sharing intelligence for the purpose of 
                enabling offensive coalition strikes; and
                    (B) providing logistical support for offensive 
                coalition strikes, including by providing maintenance 
                or transferring spare parts to coalition members flying 
                warplanes engaged in anti-Houthi bombings in Yemen.
            (2) The assignment of United States Armed Forces, including 
        any civilian or military personnel of the Department of 
        Defense, to command, coordinate, participate in the movement 
        of, or accompany the regular or irregular military forces of 
        the Saudi-led coalition forces in hostilities against the 
        Houthis in Yemen or in situations in which there exists an 
        imminent threat that such coalition forces become engaged in 
        such hostilities, unless and until the President has obtained 
        specific statutory authorization, in accordance with section 
        8(a) of the War Powers Resolution (50 U.S.C. 1547(a)).
    (c) Rules of Construction.--(1) The prohibitions under this section 
may not be construed to apply with respect to United States Armed 
Forces engaged in operations directed at al Qaeda or associated forces.
    (2) 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.
    (3) Nothing in this joint resolution 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).
                                 <all>