Title: Directing the President pursuant to section 5(c) of the War Powers Resolution to remove United States Armed Forces from unauthorized hostilities in the Republic of Yemen.
Policy area: International Affairs

Summary:
This concurrent resolution directs the President to remove U.S. Armed Forces from hostilities against the Houthis in Yemen unless and until a declaration of war or a specific authorization for this use of U.S. Armed Forces is enacted. This removal requirement does not include U.S. Armed Forces engaged in operations directed against Al Qaeda or associated forces in the Arabian Peninsula, and the resolution may not be construed as authorizing the use of military force.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 123 Introduced in House (IH)]

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116th CONGRESS
  2d Session
H. CON. RES. 123

  Directing the President pursuant to section 5(c) of the War Powers 
   Resolution to remove United States Armed Forces from unauthorized 
                 hostilities in the Republic of Yemen.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2020

Mr. DeFazio (for himself, Mrs. Dingell, Mr. Castro of Texas, Mr. Biggs, 
Mr. Khanna, Mr. Pocan, Mr. Rooney of Florida, and Mr. Gaetz) 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 unauthorized 
                 hostilities in the Republic of Yemen.

    Resolved by the House of Representatives (the Senate concurring),

SECTION 1. REMOVAL OF UNITED STATES ARMED FORCES FROM HOSTILITIES IN 
              THE REPUBLIC OF YEMEN THAT HAVE NOT BEEN AUTHORIZED BY 
              CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Unauthorized United States military participation in 
        the Saudi-led war in Yemen has contributed to producing the 
        world's largest humanitarian crisis, with an estimated 20 
        million people dependent on food aid and two million children 
        under five years of age requiring treatment for malnutrition. 
        Over five years of military conflict, 50 percent of Yemen's 
        healthcare infrastructure has closed, and Saudi-led bombings 
        have destroyed over 70 hospitals. COVID-19 is now spreading 
        largely undetected across Yemen's immuno-compromised 
        population.
            (2) Congress has the sole power to declare war under 
        article I, section 8, clause 11 of the United States 
        Constitution.
            (3) 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 (the Saudi-led coalition), against 
        the Houthis, also known as Ansar Allah, in the Republic of 
        Yemen.
            (4) Since March 2015, members of the United States Armed 
        Forces have been introduced into hostilities between the Saudi-
        led coalition and the Houthis.
            (5) The conflict between the Saudi-led coalition and the 
        Houthis constitutes, within the meaning of section 4(a) of the 
        War Powers Resolution (50 U.S.C. 1543(a)), 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.
            (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 by concurrent resolution''.
            (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 has conducted in support of the Saudi-led 
        coalition fall within this definition.
            (8) No specific statutory authorization for the use of 
        United States Armed Forces with respect to the conflict between 
        the Saudi-led coalition and the Houthis in Yemen has been 
        enacted, and 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 or United 
        Arab Emirates in hostilities against Yemen's Houthis.
    (b) Removal of Armed Forces.--Pursuant to section 5(c) of the War 
Powers Resolution (50 U.S.C. 1544(c)), Congress hereby directs the 
President to remove United States Armed Forces from hostilities against 
the Houthis in the Republic of Yemen, except United States Armed Forces 
engaged in operations directed at Al Qaeda in the Arabian Peninsula or 
associated forces, by not later than the date that is 30 days after the 
date of the adoption of this concurrent resolution (unless the 
President requests and the Congress authorizes 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. For purposes 
of this resolution, in this section, the term ``hostilities'' includes 
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 or United Arab Emirates in hostilities 
against Yemen's Houthis.

SEC. 2. RULE OF CONSTRUCTION REGARDING NO AUTHORIZATION FOR USE OF 
              MILITARY FORCE.

    Consistent with section 8(a)(1) of the War Powers Resolution (50 
U.S.C. 1547(a)(1)), nothing in this concurrent resolution may be 
construed as authorizing the use of military force.
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