

Congress and the War in Yemen: Oversight
and Legislation 2015-2019
Updated January 28, 2019
Congressional Research Service
https://crsreports.congress.gov
R45046
Congress and the War in Yemen: Oversight and Legislation 2015-2019
Summary
This product provides an overview of the role Congress has played in shaping U.S. policy toward
the conflict in Yemen. Summary tables provide information on legislative proposals considered in
the 115th and 116th Congresses. Various legislative proposals have reflected a range of
congressional perspectives and priorities, including with regard to
the authorization of the activities of the U.S. Armed Forces related to the conflict;
the extent of U.S. logistical, material, advisory, and intelligence support for the
coalition led by Saudi Arabia;
the approval, disapproval, or conditioning of U.S. arms sales to Saudi Arabia;
the appropriation of funds for U.S. operations in support of the Saudi-led
coalition;
the conduct of the Saudi-led coalition’s air campaign and its adherence to
international humanitarian law and the laws of armed conflict;
the demand for greater humanitarian access to Yemen;
the call for a wider government assessment of U.S. policy toward Yemen and
U.S. support to parties to the conflict;
the nature and extent of U.S.-Saudi counterterrorism and border security
cooperation; and
the role of Iran in supplying missile technology and other weapons to the forces
of the Houthi movement.
The 116th Congress may continue to debate U.S. support for the Saudi-led coalition and Saudi
Arabia’s conduct of the war in Yemen, where fighting has continued since March 2015. The war
has exacerbated a humanitarian crisis in Yemen that began in 2011; presently, the World Food
Program reports that 20 million Yemenis face hunger in the absence of sustained food assistance.
The difficulty of accessing certain areas of Yemen has made it hard for governments and aid
agencies to count the war’s casualties. Data collected by the U.S. and European-funded Armed
Conflict Location & Event Data Project (ACLED) suggests that 60,000 Yemenis have been killed
since January 2016.
The Trump Administration has opposed various congressional proposals, including initiatives to
reject or condition proposed U.S. arms sales or to require an end to U.S. military support to
Saudi-led coalition operations in Yemen. Many in Congress have condemned the October 2018
murder of Saudi journalist Jamal Khashoggi by Saudi government personnel, and in general, the
incident appears to have exacerbated existing congressional concerns about Saudi leaders and the
pace, scope, and direction of change in the kingdom’s policies.
This product includes legislative proposals considered during the 115th and 116th Congresses. It
does not include references to Yemen in Iran sanctions legislation, which are covered in CRS
Report RS20871, Iran Sanctions. For additional information on the war in Yemen and Saudi
Arabia, please see the following CRS products.
CRS Report R43960, Yemen: Civil War and Regional Intervention.
CRS Report RL33533, Saudi Arabia: Background and U.S. Relations.
CRS Insight IN10729, Yemen: Cholera Outbreak.
Congressional Research Service
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Contents
Overview ......................................................................................................................................... 1
Congress, the Obama Administration, and Yemen (2015-2016) ..................................................... 2
2015 ........................................................................................................................................... 2
2016 ........................................................................................................................................... 3
Analysis ..................................................................................................................................... 5
Congress, the Trump Administration, and Yemen (2017-2018) ...................................................... 6
2017 ........................................................................................................................................... 6
2018 ........................................................................................................................................... 9
Analysis ................................................................................................................................... 13
Tables
Table 1. Proposed Legislation on the Conflict in Yemen in the 116th Congress ............................ 15
Table 2. Proposed Legislation on the Conflict in Yemen in the 115th Congress ............................ 16
Contacts
Author Information ....................................................................................................................... 35
Congressional Research Service
Congress and the War in Yemen: Oversight and Legislation 2015-2019
Overview
In March 2015, Saudi Arabia established a coalition of nations (hereinafter referred to as the
Saudi-led coalition or the coalition) to engage in military operations in Yemen against the Ansar
Allah/Houthi movement and loyalists of the previous president of Yemen, the late Ali Abdullah
Saleh.1 During 2014, the United States joined Saudi Arabia in demanding that Houthi forces
reverse their campaign to occupy the Yemeni capital of Sanaa, but the rapid onset of hostilities in
March 2015 forced the Obama Administration to react quickly.2 At the start of the Saudi-led
intervention on March 25, 2015, the Administration announced that the United States would
provide “logistical and intelligence support” to the coalition’s operations without taking “direct
military action in Yemen in support of this effort.”3 Soon thereafter, a joint U.S.-Saudi planning
cell was established to coordinate military and intelligence support for the campaign. At the
United Nations Security Council, the United States supported the passage of Resolution 2216
(April 2015), which, among other things, required member states to impose an arms embargo
against the Houthi-Saleh forces and demanded that the Houthis withdraw from all areas seized
during the current conflict.
Since the March 2015 Saudi-led coalition intervention in Yemen, Congress has taken an active
role in debating and overseeing U.S. policy in the Arabian Peninsula.4 Members have considered
legislative proposals seeking to: reduce Yemeni civilian casualties resulting from the coalition’s
operations; improve deteriorating humanitarian conditions; end restrictions on the flow of goods
and humanitarian aid; combat Iranian support for the Houthis; preserve maritime security in the
Bab al Mandab Strait; and/or support continued Saudi-led coalition and U.S. efforts to counter Al
Qaeda and Islamic State forces in Yemen.
Beyond Yemen, many Members have appeared to view the conflict through the prism of a
broader regional rivalry between Saudi Arabia and Iran, and the U.S. effort to limit Iran’s malign
regional influence. Others lawmakers have viewed the Yemen conflict as indicative of what they
perceive as problems in the U.S.-Saudi relationship, a concern that deepened after the murder of
Saudi journalist Jamal Khashoggi by Saudi government personnel in October 2018. Congress has
considered but has not enacted proposals to curtail or condition U.S. defense sales to Saudi
Arabia.
Responding to the Saudi-led intervention in Yemen also appears to be reinvigorating some
Members’ interest in strengthening the role of Congress in foreign policy vis-vis the executive
branch. Debate in Congress over Yemen has featured bipartisan statements of interest in asserting
1 In early December 2017, the Houthi-Saleh alliance unraveled, culminating in the killing of former President Saleh on
December 4, 2017.
2 According to one account, “The Obama administration agreed to support what the Saudis called Operation Decisive
Storm with considerable reluctance, seeing it as an unwinnable proxy war against Iran. See, “How the War in Yemen
became a Bloody Stalemate and the worst Humanitarian Crisis in the World,” New York Times Magazine, October 31,
2018.
3 Statement by NSC Spokesperson Bernadette Meehan on the Situation in Yemen, The White House, Office of the
Press Secretary, March 25, 2015.
4 Over the last decade, Congress has periodically addressed Yemen-related issues in annual authorization and
appropriations legislation. Before the 2015 Saudi-led intervention in Yemen, Members were mostly focused on:
providing security assistance to Yemeni government forces to counter terrorist groups like Al Qaeda in the Arabian
Peninsula (AQAP); addressing Yemeni detainees in Guantanamo Bay, Cuba; overseeing the issuance of visas for
Yemeni nationals traveling to the United States; countering human trafficking in Yemen; and prohibiting U.S.
assistance from being provided to Yemeni security forces which use child soldiers.
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the prerogatives of the legislative branch to limit executive branch power, specifically using war
powers legislation and the appropriations and authorization processes to curb U.S. military
involvement in support of coalition operations. Congressional scrutiny of U.S. policy in Yemen
also has led to legislative changes to global authorities, such as the Department of Defense’s
authority to enter into and use acquisition and cross servicing agreements with partner militaries.
Congress, the Obama Administration, and Yemen
(2015-2016)
2015
Congressional interest in the Yemen conflict has evolved and grown gradually and was not
widespread at the outset of the coalition’s March 2015 intervention in Yemen.5 In early to mid-
2015, congressional interest in U.S. foreign policy in the Middle East centered on the Iran nuclear
deal and Operation Inherent Resolve against the Islamic State in Iraq and Syria.6
Several months after the March 2015 intervention, the Saudi-led coalition had not achieved a
conclusive victory and what modest gains had been made on the ground were offset by mounting
international criticism of growing civilian casualties from coalition air strikes. In Congress,
several lawmakers began to express concern about the deteriorating humanitarian situation in
Yemen.
In late September 2015, Representative Ted W. Lieu wrote a letter to the Joint
Chiefs of Staff advocating for a halt to U.S. support for the Saudi-led coalition
until it instituted safeguards to prevent civilian casualties.7
In October 2015, 10 Members of Congress wrote a letter to President Obama
urging him to “work with our Saudi partners to limit civilian casualties to the
fullest extent possible.”8
In October 2015, Senator Markey stated that “I fear that our failure to strongly
advocate diplomacy in Yemen over the past two years, coupled with our failure to
urge restraint in the face of the crisis last spring, may put the viability of this
critical [U.S.-Saudi] partnership at risk.”9
5 Though Yemen was not the key focus of congressional interest in the Middle East at the time, congressional
committees did hold oversight hearings. For example, see “Yemen under Attack by Iranian-backed Houthis,”
Subcommittee on the Middle East and North Africa, Committee on Foreign Affairs in the House of Representatives,
April 14, 2015; “The U.S. Role and Strategy in the Middle East: Yemen and the Countries of the Gulf Cooperation
Council,” Senate Foreign Relations Committee, October 6, 2015; and “Humanitarian Crisis in Yemen,” Tom Lantos
Human Rights Commission, November 17, 2016.
6 Congress did address Yemen during consideration of the FY2016 National Defense Authorization Act (P.L. 114-92).
H.R. 1735, the House version of that bill, included Section 1273, a “Sense of Congress on Evacuation of United States
Citizens and Nationals from Yemen.” That provision was excluded from the final version of the Act, which did contain
a provision that prohibited Defense Department funds from being provided to “an entity in Yemen that is controlled by
members of the Houthi movement.”
7 “Saudis Face Mounting Pressure over Civilian Deaths in Yemen Conflict,” New York Times, September 29, 2015.
8 Letter from Representative Debbie Dingell et al to President Barack Obama, October 14, 2015. Available from CRS.
9 “Senate Democrats hold up Arms Sales for Saudi war in Yemen,” Al Monitor, October 7, 2015.
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By the fall of 2015, as the Obama Administration tried to balance its concern for adhering to the
laws of armed conflict with its support for Gulf partners, 10 lawmakers began to express their
concern over U.S. involvement in the coalition’s intervention by scrutinizing U.S. arms sales to
Saudi Arabia.11 When the Administration informally notified Congress of a proposed sale of
precision guided munitions (PGMs) to Saudi Arabia, some Senators sought to delay its formal
notification. After the formal notification in November 2015,12 Senate Foreign Relations
Committee (SFRC) leaders jointly requested that the Administration notify Congress 30 days
prior to associated shipments, marking the first use of this prior notification request authority.13 At
that time, no related joint resolutions of disapproval on proposed sales of PGMs to the kingdom
were introduced, but the delay and additional notification request demonstrated congressional
concern.14
2016
By the one-year anniversary of the Saudi-led intervention in Yemen, a more defined opposition15
to U.S. support for the coalition had begun to coalesce amidst repeated international
documentation of human rights abuses16 and errant coalition airstrikes.17 In April 2016, legislation
10 “As Saudis bombed Yemen, U.S. worried about Legal Blowback,” Reuters, October 10, 2016.
11 See, The White House, Office of the Press Secretary, Press Call by Ben Rhodes, Deputy National Security Advisor
for Strategic Communications, and Jeff Prescott, Senior Director for the Middle East, NSC, on the Upcoming Visit of
King Salman of Saudi Arabia, September 2, 2015.
12 Defense Security Cooperation Agency Transmittal No. 15-57, November 16, 2015.
13 The request marked the first time that Congress has invoked an authority it added to the Arms Export Control Act in
December 2014 through an amendment included in the Naval Vessel Transfer Act of 2013 (P.L. 113-276). Section 201
of the Naval Vessel Transfer Act of 2013 (P.L. 113-276) added Section 36(i) to the AECA. Potentially applicable to
any foreign military sale requiring notification pursuant to Section 36(b) of the AECA, the 36(i) mechanism requires
both the chair and ranking member of either of the two committees of jurisdiction (SFRC/HFAC) to jointly request that
the President provide such a “pre-shipment notification” 30 days prior to a shipment. The pre-shipment notification
would inform Congress that a shipment was about to occur, but would not require or preclude Congress from taking
further action to modify or block the shipment.
14 Although Congress has more than one legislative option it can use to block or modify an arms sale, one option
explicitly set out in law for blocking a proposed arms sale is the use of a joint resolution of disapproval as provided for
in Section 36(b) of the Arms Export Control Act (AECA). See, CRS Report RL31675, Arms Sales: Congressional
Review Process, by Paul K. Kerr.
15 In January 2016, Senator Chris Murphy called on the Administration to “suspend supporting Saudi Arabia’s military
campaign in Yemen, at the very least, until we get assurances that this campaign does not distract from the fight against
ISIS and Al Qaeda, and until we make some progress on the Saudi export of Wahhabism. And Congress should not
sign off on any more military sales to Saudi Arabia until similar assures are granted.” See, “Chris Murphy on the Roots
of Radical Extremism,” Council on Foreign Relations, January 29, 2016.
16 In April 2016, the “Saudi Arabia-led coalition” was listed alongside other parties to the conflict in Yemen in the
annex of the annual report of United Nations Secretary General on Children and Armed Conflict for attacks that
resulted in the killing and maiming attacks of children in Yemen. In July 2016, then-U.N. Secretary General Ban Ki-
moon alleged that Saudi Arabia had threatened to reduce its funding for U.N. programs if the coalition was not
removed from the report annex, an allegation that Saudi leaders denied. In August 2016, the Secretary General said,
“After very careful consideration, the Saudi Arabia-led coalition was removed from the annexes, pending the
conclusions of a review. ...I have since received information on measures taken by the coalition to prevent and end
grave violations against children. We will continue our engagement to ensure that concrete measures to protect children
are implemented. But I want to repeat: the content of the report stands.” See, U.N. Blacklists Saudi-led Coalition for
Killing Children in Yemen, Reuters, October 5, 2017.
17 For example, see, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Stephen
O’Brien Statement to the Security Council on Yemen, New York, February 16, 2016 and Press briefing note on Yemen
and Honduras, Spokesperson for the U.N. High Commissioner for Human Rights: Rupert Colville, Geneva,
Switzerland, March 4, 2016.
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was introduced that sought to place conditions on future proposed sale notifications, previously
approved sales, or transfers of PGMs to Saudi Arabia.18 Proposed amendments to FY2017
defense legislation19 would have added some similar conditions on the use of funds to implement
sales of PGMs or prohibited the transfer of cluster munitions to Saudi Arabia.20 The PGM
amendment was not considered, but the cluster munitions amendment was narrowly defeated in a
June 2016 House floor vote.21
In the spring and summer of 2016, the United Nations held multiple rounds of peace talks in
Kuwait aimed at brokering an end to the conflict. From April 2016 to August 2016, the Saudi-led
coalition had largely spared Yemen’s capital Sanaa from aerial strikes as part of its commitment
to the cessation of hostilities. When U.N.-mediated peace talks collapsed in August 2016, the
Saudi-led coalition resumed bombing and the war intensified.
During the summer of 2016, the Obama Administration reduced some U.S. support for Saudi
Arabia’s air campaign in Yemen by withdrawing U.S. personnel assigned to a joint U.S.-Saudi
planning cell.22 Nevertheless, overall U.S.-Saudi cooperation continued and, in August 2016, the
Obama Administration notified Congress of a proposed sale of M1A2S tanks to Saudi Arabia. In
response, some lawmakers wrote to request that President Obama withdraw the proposal, citing
concerns about Yemen.23 In September 2016, joint resolutions of disapproval of the proposed tank
sale were introduced in the Senate (S.J.Res. 39) and House (H.J.Res. 98). On September 21,
2016, the Senate voted to table a motion to discharge the SFRC from further consideration of
S.J.Res. 39 (71-27, Record Vote 145).24 During debate over the motion, many Senators argued in
favor of continued U.S. support for Saudi Arabia, with Senator Lindsey Graham remarking “To
those who want to vote today to suspend this aid to Saudi Arabia, people in Iran will cheer you
on.”25
In the wake of an October 2016 Saudi airstrike on a funeral hall in Sanaa that killed 140 people,
the Obama Administration initiated a review of U.S. security assistance to Saudi Arabia.26 Based
on that review, it put a hold on a planned sale of precision guided munitions (PGMs) to Saudi
Arabia and limited intelligence sharing, but maintained counterterrorism cooperation and
refueling for coalition aircraft.27
In the final months of the Obama Administration, U.S. Armed Forces briefly exchanged fire with
forces party to the conflict. In October 2016, Houthi-Saleh forces launched anti-ship missiles at
U.S. Navy vessels on patrol off the coast of Yemen. The attacks against the U.S. ships marked the
first time U.S. Armed Forces had come under direct fire in the war. The Obama Administration
18 In the 114th Congress, see, S.J.Res. 32 - A joint resolution to provide limitations on the transfer of certain United
States munitions from the United States to Saudi Arabia and H.J.Res. 90, To provide limitations on the transfer of
certain United States munitions from the United States to Saudi Arabia.
19 In the 114th Congress, see, S. 2943 - National Defense Authorization Act for Fiscal Year 2017 which became P.L.
114-328.
20 In the 114th Congress, see H.R. 5293 - Department of Defense Appropriations Act, 2017.
21 See, H.R. 5293, Recorded Vote, June 16, 2016, available at: [http://clerk.house.gov/evs/2016/roll327.xml]
22 “U.S. withdraws staff from Saudi Arabia dedicated to Yemen Planning,” Reuters, August 19, 2016.
23 See Hon. Lieu et al., Letter to President Barack Obama, August 29, 2016.
24 Congressional Record, September 21, 2016, pp. S5921-S5935.
25 op.cit., Congressional Record.
26 The White House, Office of the Press Secretary, Statement by NSC Spokesperson Ned Price on Yemen, October 8,
2016.
27 “U.S. Blocks Arms Sale to Saudi Arabia amid Concerns over Yemen War,” New York Times, December 13, 2016.
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responded to the attacks against U.S. naval vessels by directing the Armed Forces to fire cruise
missiles against Houthi-Saleh radar installations. The Obama Administration described the U.S.
strikes as self-defense and indicated that it did not want to deepen its direct involvement in the
conflict.28 In August and November 2016, then Secretary of State John Kerry made several
attempts to broker a peace initiative in Oman, but his efforts were rejected by the parties
themselves.
Leahy Law and Saudi-led Coalition Strikes in Yemen
Section 620M of the Foreign Assistance Act of 1961 (FAA), as amended, prohibits the furnishing of assistance
authorized by the FAA and the Arms Export Control Act to any foreign security force unit where there is
credible information that the unit has committed a gross violation of human rights. The State Department and U.S.
embassies overseas implement Leahy vetting to determine which foreign security individuals and units are eligible
to receive U.S. assistance or training. In October 2016, Senator Patrick Leahy remarked that “The humanitarian
crisis in Yemen has received too little attention, and it directly, or indirectly, implicates us. . The reports of civilian
casualties from Saudi air attacks in densely populated areas compel us to ask if these operations, supported by the
United States, violate [that law].”29
Analysis
By the end of 114th Congress, the war in Yemen was becoming a more significant foreign policy
issue for lawmakers. While a growing number of Members were becoming critical of the U.S.
role in supporting the Saudi-led coalition amidst a deteriorating humanitarian situation in Yemen,
more lawmakers still viewed the conflict through a regional lens rather than as a localized affair.30
Amidst significant congressional opposition to the 2015 nuclear agreement with Iran (Joint
Comprehensive Plan of Action or JCPOA), some Members viewed Iran’s support for the Houthi
movement and the broader conflict in Yemen as an example of Iran’s malign regional activities
not directly addressed by the JCPOA. As the Houthis targeted Gulf state infrastructure on land
and vessels at sea, their behavior was touted as evidence of Iran’s growing capabilities to threaten
U.S. and Gulf security.31
Just as some Members considered the Yemen conflict primarily a proxy war between the Iran-
backed Houthis and the Saudi-led coalition, others viewed it as a test of longstanding U.S.
commitments to supporting Saudi Arabian security.32 Supporters of the relationship, while
acknowledging that Saudi Arabia’s conduct of the war was at times problematic, argued that to
curtail U.S. arms sales or other defense support to the kingdom would weaken a vital partner that
was under threat from a hostile non-state actor on its southern border.
Others lawmakers charged that continued U.S. support for the coalition was not improving
coalition behavior but damaging the U.S. reputation for upholding commitments to international
law and human rights. Legislation seeking to limit U.S. arms sales to Saudi Arabia was not
enacted in the 114th Congress, but marked the beginning of the broader congressional debate that
has continued.33
28 Letter from the President -- War Powers Resolution, The White House, Office of the Press Secretary, October 14,
2016.
29 “U.S. Support for Saudi Strikes in Yemen Raises War Crime Concerns,” Foreign Policy.com, October 15, 2016.
30 “Senate tacitly endorses US role in Yemen War,” Al Monitor, September 21, 2016.
31 Congressional Record, November 15, 2016, Pages H6202-H6208.
32 Congressional Record, September 21, 2016, Pages S5921-S5935.
33 As one analyst described this trend in 2016, “We haven’t seen this much anti-Saudi activity on the Hill in a quarter of
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As the Trump Administration prepared to assume office, human rights organizations and aid
groups were pressing Congress to become more attuned to the growing humanitarian crisis in
Yemen. Though the Obama Administration had taken some steps, particularly in late 2016, to
limit U.S.-coalition cooperation and restrict deliveries of PGMs to Saudi Arabia, non-
governmental groups deemed such action as insufficient. According to Human Rights Watch,
“Whatever conditionality the Obama administration thought it had created — in holding up the
transfer of precision munitions near the tail end of Obama’s term and suspending cluster munition
transfers earlier — ultimately did not have meaningful impact in reining in the continued Saudi-
led coalition attacks on civilians.”34
Congress, the Trump Administration, and Yemen
(2017-2018)
2017
From the beginning of his Administration, President Donald Trump has signaled strong support
for the Saudi-led coalition’s operations in Yemen as a bulwark against Iranian regional
interference. He initiated a review of U.S. policy toward Yemen, including President Obama’s
October 2016 restrictions on U.S. arms sales and intelligence sharing to the coalition.35 On March
19, 2017, just prior to his visit to Saudi Arabia, President Trump notified Congress that he was
proceeding with three proposed direct commercial sales of precision guided munitions technology
deferred by the Obama Administration, subject to congressional review.36
In May 2017, the Administration officially notified Congress of its intention to proceed with
proposed sales of precision guided munitions technologies that the Obama Administration had
deferred, while announcing plans to increase training for Saudi Arabia’s air force on both
targeting and the Law of Armed Conflict.37 Congress would debate another resolution of
disapproval (S.J.Res. 42) of these proposed PGM sales in June 2017 (see below). After completed
the policy review in July 2017, President Trump directed his Administration “to focus on ending
the war and avoiding a regional conflict, mitigating the humanitarian crisis, and defending Saudi
Arabia’s territorial integrity and commerce in the Red Sea.”38
a century…. Criticism of Saudi Arabia has come out of the closet, and I don’t think it’s going to go back in.” “Saudi
Arabia is Facing Unprecedented Scrutiny from Congress,” Washington Post, September 21, 2016.
34 “Obama Officials’ Incomplete Reckoning with Failure on Yemen,” Just Security, November 19, 2018.
35 “Trump Administration looks to resume Saudi Arms Sale criticized as Endangering Civilians in Yemen,”
Washington Post, March 8, 2017; and, “Trump Administration weighs Deeper Involvement in Yemen War,”
Washington Post, March 26, 2017.
36 DDTC Transmittals No. DDTC 15-132 (JDAM), No. DDTC 16-011 (FMU-152A/B bomb fuzes), No. DDTC 16-043
(Paveway II & III, Enhanced Paveway II & III, Paveway IV), May 19, 2017.
37 A November 2017 report suggests that Saudi Arabia has agreed to purchase $7 billion in precision munitions from
U.S. companies in agreements that would span a decade. See, “Saudi Arabia Agrees to buy $7 billion in Precision
Munitions from U.S. firms: Sources,” Reuters, November 22, 2017. To date, no new precision-guided munitions
foreign military sales have been formally notified to Congress since the May 2017 notification of three direct
commercial sales of precision guided munitions technology that had been deferred by the Obama Administration.
38 Letter from Department of Defense Acting General Counsel William Castle to Senators Mitch McConnell and Chuck
Schumer, February 27, 2018.
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U.S. Counter-Terrorism Policy in Yemen 2015-2018
Across both the Obama and Trump Administrations, the United States has sustained counterterrorism operations
against Al Qaeda in the Arabian Peninsula (AQAP) and various affiliates of the Islamic State in Yemen. Throughout
the conflict in Yemen, the United States has been able to successful y target high value targets within terrorist
organizations. In 2015, a U.S. strike kil ed then-AQAP leader Nasser al Wuhayshi.
At the onset of the Trump presidency, the United States markedly increased the tempo of strikes.39 According to
one report, in early 2017, President declared parts of three Yemeni provinces to be an “area of active hostilities”
where looser battlefield rules apply.40 In January 2017, Ryan Owens, a Navy SEAL, died during a counterterrorism
raid in which between 4 and 12 Yemeni civilians also were kil ed, including several children, one of whom was a
U.S. citizen. The raid was the Trump Administration's first acknowledged counterterror operation.
In 2018, U.S. officials claimed that one of the most high-value targets in the AQAP organization, bombmaker
Ibrahim al Asiri, had been kil ed in a U.S. air strike. Asiri was a Saudi national who was believed to have created the
explosive devices used in the 2009 Christmas Day attempted bombing of Northwest Airlines Flight 253, in a 2009
attack against former Saudi Arabian intelligence chief Mohammed bin Nayef, and in the October 2010 air cargo
packages destined for Jewish sites in Chicago. On January 4, 2019, the Department of Defense announced that a
U.S. precision strike had kil ed Jamal al Badawi, one of the primary Yemeni terrorists involved in the 2000 USS
Cole bombing.
As President Trump entered office, the dynamics of the conflict in Yemen were changing, and the
coalition launched a new offensive along Yemen’s 280-mile western coastal plain ultimately
aimed at taking the strategic Houthi-held port city of Hudaydah. In early 2017, the coalition’s
gradual advance toward Hudaydah, coupled with an ongoing deterioration in humanitarian
conditions, sparked some Members of Congress to implore the Administration to improve aid
access and negotiate a cease-fire. In March 2017, several House members wrote a letter to then
Secretary of State Rex Tillerson urging him to “use all U.S. diplomatic tools to help open the
Yemeni port of Hodeida [Hudaydah] to international humanitarian aid organizations.”41 A month
later, another group of House Members wrote to President Trump stating that Congress should
approve any new U.S. support to the coalition amidst its offensive against Hudaydah.42
On June 13, 2017, the Senate debated another resolution (S.J.Res. 42) to disapprove of three
direct commercial sales of PGMs to Saudi Arabia. During Senate floor consideration over the
motion to discharge the Senate Foreign Relations Committee from further consideration of
S.J.Res. 42, Members once again weighed various issues, such as the U.S.-Saudi bilateral
relationship, countering Iran, and limiting U.S. involvement in the war in Yemen. Some
lawmakers suggested that U.S. arms sales and military support to the coalition had enabled
alleged violations of international humanitarian law, while others argued that U.S. support to the
coalition improved its effectiveness and helps minimize civilian casualties.
For example, during floor debate, Senator Graham argued that “If we are worried about collateral
damage in Yemen, I understand the concern. Precision weapons would help that cause, not hurt
it.”43 Senator Murphy retorted, saying “What we are asking for is to hold off on selling these
39 “2017: A Record Year for US Counterterrorism Strikes,” Long War Journal, Foundation for the Defense of
Democracies, January 3, 2018. See also, U.S. Department of Defense, CENTCOM Officials Provide Update on Recent
Counterterrorism Strikes in Yemen, Dec. 20, 2017.
40 “Trump Administration Is Said to Be Working to Loosen Counterterrorism Rules,” New York Times, March 12,
2017.
41“Reps Lieu & Conyers lead 52 Member Letter urging Tillerson to use Diplomacy to reopen Yemen Port,” March 13,
2017.
42 U.S. Representative Mark Pocan, “Bipartisan Effort: 55 U.S. Representatives Call on Trump to Come to Congress
Before Taking Military Action in Yemen,” April 11, 2017.
43 Congressional Record, June 13, 2017, Issue: Vol. 163, No. 100 — Daily Edition.
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precision-guided munitions until we get some clear promise--some clear assurance--from the
Saudis that they are going to use these munitions only for military purposes and that they are
going to start taking steps--real steps, tangible steps--to address the humanitarian crisis.”44 On
June 13, 2017, the Senate voted to reject the motion to discharge the Senate Foreign Relations
Committee from further consideration (47-53, Record Vote 143), and a companion resolution was
not taken up in the House (H.J.Res. 102).
Representative Ro Khanna introduced a concurrent resolution (H.Con.Res. 81) pursuant to the
War Powers Resolution (P.L. 93-148) in a bid to end U.S. support for the coalition’s military
intervention. After consultation between House leaders and supporters of the resolution on a
compromise approach, the House agreed to delay expedited consideration of the resolution until
after the November 2016 election and then adopted a non-binding alternative (H.Res. 599, 366 -
30, 1 Present, Roll no. 623).45
In his first year in office, while President Trump sought to improve relations with Saudi Arabia,
counter Iran, and increase U.S. counter-terrorism activity in Yemen, his Administration also at
times took strong positions on the need for members of the coalition to improve humanitarian
access, pursue a settlement to the conflict, and take measures to prevent civilian casualties.
After a Houthi-fired missile with alleged Iranian origins landed deep inside Saudi Arabia in
November 2017, the coalition instituted a full blockade of all of Yemen's ports, including the
main port of Hudaydah, exacerbating the country's humanitarian crisis. 46 The White House issued
four press statements on the conflict between November 8 and December 8, including a statement
on December 6 in which President Trump called on Saudi Arabia to “completely allow food, fuel,
water, and medicine to reach the Yemeni people who desperately need it. This must be done for
humanitarian reasons immediately.” 47
On December 20, 2017, the Saudi-led coalition announced that it would end its blockade of
Hudaydah port for a 30-day period and permit the delivery of four U.S.-funded cranes to Yemen
to increase the port's capability to off-load commercial and humanitarian goods.48 The next day,
44 op.cit., Congressional Record.
45 Congressional Record, November 13, 2017, Vol. 163, No. 185, Pages H9148-H9155.
46 On November 4, 2017, a Houthi ballistic missile (with alleged Iranian markings) landed on Saudi soil near King
Khalid international airport in Riyadh. Two days later, the Saudi-led coalition closed all Yemeni ports, including
Hudaydah, which is the primary point of entry for most imported food and humanitarian supplies entering Yemen.
Yemen imports over 90% of its food supply. After the coalition’s imposition of total ports’ closure, food and fuel prices
skyrocketed, leading international aid agencies to warn of impending famine. The total closure of all Yemeni ports
lasted until November 24, 2017, when the Saudi-led coalition announced that it would begin allowing humanitarian aid
to resume entering Hudaydah port—but not commercial shipments of food and fuel. The Saudi-led coalition argued
that the Houthis earn hard currency by taxing fuel imports. Yemen imports 80% of its food from commercial suppliers
rather than from humanitarian sources.
47 The White House, Office of the Press Secretary, Statement by President Donald J. Trump on Yemen, December 06,
2017. Other statements include: The White House, Office of the Press Secretary, White House Statement on Iranian-
Supported Missile Attacks Against Saudi Arabia, November 8, 2017; The White House, Office of the Press Secretary,
Statement from the Press Secretary on the Humanitarian Crisis in Yemen, November 24, 2017; The White House,
Office of the Press Secretary, Statement by the Press Secretary Regarding the Violence and Humanitarian Conditions in
Yemen, December 08, 2017.
48 In late 2017, Senators Todd Young and Christopher Murphy placed a hold on the confirmation of the State
Department’s nominee for legal advisor, Jennifer Newstead, until the Administration took certain steps to address the
coalition’s blockade of Yemen. Dan De Luce and Robbie Gramer, “GOP Senator Presses Trump Administration Over
Deadly Saudi Blockade in Yemen,” Foreign Policy, December 4, 2017; and, Dan De Luce, “Trump Nominee Concedes
Saudi Siege of Yemen Could Be Violating U.S. Law,” Foreign Policy, December 19, 2017. On December 14, Senator
Young sent a letter to President Trump thanking the President for his December 6 statement, while asserting that the
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the White House issued a statement welcoming “Saudi Arabia's announcement of these
humanitarian actions in the face of this major conflict.”
2018
As the Saudi-led coalition intervention entered its fourth year, some in the Senate also proposed
use of the War Powers Resolution as a tool for ending U.S. support for the coalition’s military
intervention. On February 28, 2018, Senator Bernie Sanders introduced S.J.Res. 54, a joint
resolution to “direct the removal of United States Armed Forces from hostilities in the Republic
of Yemen that have not been authorized by Congress (except for those U.S. forces engaged in
counterterrorism operations directed at al Qaeda or associated forces).”49 Efforts in the Senate
followed a late 2017 attempt in the House (see Table 1 below), in which a concurrent resolution
directing the President to remove U.S. forces from Yemen was tabled in favor of a House-passed
non-binding resolution.
Throughout 2018, between Congress and the Trump Administration and within Congress itself,
there was disagreement as to whether U.S. forces assisting the Saudi-led coalition have been
introduced into active or imminent hostilities for purposes of the War Powers Resolution. Some
Members claimed that by providing support to the Saudi-led coalition, U.S. forces have been
introduced into a “situation where imminent involvement in hostilities is clearly indicated” based
on the criteria of the War Powers Resolution. The Trump Administration disagreed. In February
2018, the Acting Department of Defense General Counsel wrote to Senate leaders describing the
extent of current U.S. support, and reported that “the United States provides the KSA-led
coalition defense articles and services, including air-to-air refueling;50 certain intelligence
support; and military advice, including advice regarding compliance with the law of armed
conflict and best practices for reducing the risk of civilian casualties.”51
On March 20, 2018, the Senate considered S.J.Res. 54 on the floor. During debate, arguments
centered on a number of issues, ranging from concern over exacerbating Yemen’s humanitarian
crisis to reasserting the role of Congress in authorizing the use of armed force abroad. After then-
Foreign Relations Committee Chairman Senator Bob Coker promised to propose new legislation
coalition's blockade triggers, per the Foreign Assistance Act of 1961 as amended (22 U.S. Code §2378–1(a)), a
prohibition on U.S. foreign assistance to Saudi Arabia. Newstead was confirmed by the Senate on December 19 after
promising the Senate Foreign Relations Committee to consider evidence of any possible foreign government restriction
of the delivery of U.S. humanitarian assistance to Yemen in determining whether to apply statutory prohibitions found
in 22 U.S. Code §2378-1(a). See, Senator Todd Young, Young: Law Triggered by Saudi Arabia's Actions in Yemen,
December 14, 2017, and Newstead response online at: [https://www.documentcloud.org/documents/4333104-
20171114-Young-Newstead-QFRs-Round-3-1.html].
49 This followed the late 2017 action in the House (see discussion of (H.Con.Res. 81 and H.Res. 599, above), in which
a concurrent resolution directing the President to remove U.S. forces from Yemen was tabled in favor of a House-
passed non-binding resolution.
50 In-flight refueling to the militaries of Saudi Arabia and the United Arab Emirates (UAE) is conducted pursuant to the
terms of bilateral Acquisition and Cross Servicing Agreements (ACSAs) between the Department of Defense and the
respective ministries of each country. ACSA agreements are governed by 10 USC 2341-2350. The agreements provide
for reciprocal logistical support under a variety of circumstances, and their underlying statutory authority does not
prohibit U.S. support to partner forces engaged in armed conflict. U.S. ACSA agreements with Saudi Arabia and the
UAE provide for the transfer of support to third parties with the prior written consent of both the original provider and
original recipient. The U.S. agreement with Saudi Arabia was signed in May 2016. The executive branch has not
publicly specified what legal authority or agreement provided for refueling support to Saudi aircraft from March 2015
through May 2016.
51 Letter from Department of Defense Acting General Counsel William Castle to Senators Mitch McConnell and Chuck
Schumer, February 27, 2018.
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and hold hearings scrutinizing U.S. policy in Yemen, a majority of Senators voted to table a
motion to discharge the Foreign Relations committee from further consideration of S.J.Res. 54.
Senator Robert Menendez made remarks expressing conditional support for Senator Corker’s
approach, a view shared by some other Senators who voted to table the motion.52
The Foreign Relations committee held a hearing on Yemen a month later. In parallel testimony
before Congress, U.S. defense officials stated that while the United States refueled Saudi aircraft
and provided advice on targeting techniques, CENTCOM did not track coalition aircraft after
they were refueled and did not provide advice on specific targets.53 Then-Assistant Secretary of
Defense for International Security Affairs Robert S. Karem testified that “It's correct that we do
not monitor and track all of the Saudi aircraft aloft over Yemen.” 54 During the same hearing, U.S.
officials acknowledged that pressure from Congress has altered how the Administration deals
with the coalition over the Yemen conflict. Acting Assistant Secretary of State for Near Eastern
Affairs David Satterfield told Senator Todd Young and the SFRC that:
Senator, your efforts, the efforts of your colleagues in this body and on this Committee
have been exceedingly helpful in allowing the Administration to send a message from
whole of government regarding the very specific concerns we have over any limitations,
restrictions, constraints on the ability of both humanitarian and commercial goods
specifically to include fuel to have unrestricted and expeditious entry into Yemen. And that
messaging which comes from us, the Executive Branch, also comes from this body is
extremely important.55
After the promised hearing, the Senate Foreign Relations Committee also proposed new
legislation to place conditions on U.S. assistance to the coalition. In May, the committee reported
S.J.Res. 58 to the Senate; it would have prohibited the obligation or expenditure of U.S. funds for
in-flight refueling operations of Saudi and Saudi-led coalition aircraft that were not conducting
select types of operations if certain certifications cannot be made and maintained.56
The Senate Armed Services Committee incorporated the provisions of the SFRC-reported text of
S.J.Res. 58 as Section 1266 of the version of the FY2019 National Defense Authorization Act
(NDAA) that it reported to the Senate on June 5, 2018 (S. 2987). The provision was modified
further and passed by both the House and Senate as Section 1290 of the conference version of the
FY2019 NDAA (H.R. 5515).57 It was signed into law as P.L. 115-232 in mid-August, giving the
52 Senator Menendez said, “Based upon Chairman Corker's commitments to those hearings and future markups and
based upon the totality of the situation, I will vote to table the motion to discharge from the committee because I am not
ready to either abandon our partners that face an existential threat from Iran run amok in Yemen, but my support is not
unconditional, and I will demand responsive actions.” Congressional Record, March 20, 2018, 115th Congress, 2nd
Session, Issue: Vol. 164, No. 48 — Daily Edition.
53 Commander, U.S. Central Command Gen. Joseph Votel, Testimony before the Senate Armed Services Committee,
March 18, 2018.
54 Assistant Secretary of Defense Robert Karem, Testimony before the Senate Foreign Relations Committee, April 17,
2018.
55 Acting Assistant Secretary of State for Near Eastern Affairs David Satterfield, Testimony before the Senate Foreign
Relations Committee, April 17, 2018.
56 The joint resolution identified several certification criteria, although, reported as amended by the committee, it would
have enabled the Secretary of State to waive the certification requirement for national security purposes if the Secretary
provides an unclassified explanatory justification to the appropriate committees. The joint resolution also would have
required a report on, among other things, U.S. objectives in Yemen and a detailed strategy to accomplish those
objectives.
57 The potential restrictions on the use of U.S. funds for in-flight refueling of coalition aircraft would not apply to
certain types of operations, including missions related to Al Qaeda and the Islamic State or “related to countering the
transport, assembly, or employment of ballistic missiles or components in Yemen.” Under the modified version, the
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Administration until mid-September 2018 to make certain certifications. In a statement
accompanying the President’s signing of P.L. 115-232 into law, President Trump objected to
provisions such as Section 1290 stating the Administration’s view that such provisions
“encompass only actions for which such advance certification or notification is feasible and
consistent” with “[his] exclusive constitutional authorities as Commander in Chief and as the sole
representative of the Nation in foreign affairs.”58
As Congress continued to question the role of the United States in supporting coalition operations
in Yemen, the pace and scale of fighting on the ground increased dramatically by the summer of
2018. On June 12, 2018, the Saudi-led coalition launched “Operation Golden Victory,” aimed at
retaking the Red Sea port city of Hudaydah. As coalition forces engaged Houthi militants in and
around Hudaydah, humanitarian organizations warned that if port operation ceased, famine could
become widespread throughout northern Yemen. On June 12, nine Senators wrote a letter to
Secretary of State Pompeo and Secretary of Defense Mattis saying, “We are concerned that
pending military operations by the UAE and its Yemeni partners will exacerbate the humanitarian
crisis by interrupting delivery of humanitarian aid and damaging critical infrastructure. We are
also deeply concerned that these operations jeopardize prospects for a near-term political
resolution to the conflict.”59
Several weeks later, Senator Robert Menendez, the Ranking Member on the Senate Foreign
Relations Committee, placed a hold on a potential U.S. sale of precision guided munitions to
Saudi Arabia and the United Arab Emirates. In a June 28 letter to Secretary of State Pompeo and
Secretary of Defense Mattis, Senator Menendez said,
I am not confident that these weapons sales will be utilized strategically as effective
leverage to push back on Iran’s actions in Yemen, assist our partners in their own self-
defense, or drive the parties toward a political settlement that saves lives and mitigates
humanitarian suffering…. Even worse, I am concerned that our policies are enabling
perpetuation of a conflict that has resulted in the world’s worst humanitarian crisis.60
On August 9, the coalition conducted an airstrike that hit a bus in a market near Dahyan, Yemen,
in the northern Sa’ada governorate adjacent to the Saudi border. The strike reportedly killed 51
people, 40 of whom were children. The coalition claims that its airstrike was a “legitimate
military operation” and conducted in response to a Houthi missile attack on the Saudi city of
Jizan a day earlier that killed a Yemeni national in the kingdom. The U.S. State Department called
Administration would need to certify that the Saudi and Emirati governments are undertaking an urgent and good faith
effort to support diplomatic efforts to end the civil war in Yemen; appropriate measures to alleviate the humanitarian
crisis in Yemen by increasing access for Yemenis to food, fuel, medicine, and medical evacuation, including through
the appropriate use of Yemen’s Red Sea ports, including the port of Hudaydah, the airport in Sana’a, and external
border crossings with Saudi Arabia; and demonstrable actions to reduce the risk of harm to civilians and civilian
infrastructure resulting from military operations of the Government of Saudi Arabia and the Government of the United
Arab Emirates in Yemen, including by (1) complying with applicable agreements and laws regulating defense articles
purchased or transferred from the United States, and (2) taking appropriate steps to avoid disproportionate harm to
civilians and civilian infrastructure. With specific regard to Saudi Arabia, the Administration also must certify that “the
Government of Saudi Arabia is undertaking appropriate actions to reduce any unnecessary delays to shipments
associated with secondary inspection and clearance processes other than UNVIM.” The Administration may waive the
certification requirement if certain explanatory submissions are made. Reporting and strategy submission requirements
also were included in the final version.
58 White House, Statement by President Donald J. Trump on H.R. 5515, August 13, 2018.
59 Senate Foreign Relations Committee, Ranking Member's Press, Menendez, Corker, Murphy, Young, Colleagues
raise Concerns about Imminent Military Operations at Hudaydah, Yemen,” June 12, 2018.
60 Senate Foreign Relations Committee, Ranking Member's Press, Menendez Demands more Answers from Trump
Admin before letting Arms Sales to United Arab Emirates and Saudi Arabia move forward,” June 28, 2018.
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on the Saudi-led coalition to conduct a “thorough and transparent investigation into the
incident.”61
Several Members of Congress wrote to the Administration seeking additional information
regarding U.S. operations in the wake of the August 2018 coalition strike at Dahyan.62 Several
Senators also submitted an amendment to the FY2019 Defense Department appropriations act
(H.R. 6157) that would have prohibited the use of funds made available by the act to support the
Saudi-led coalition operations in Yemen until the Secretary of Defense certifies in writing to
Congress that the coalition air campaign “does not violate the principles of distinction and
proportionality within the rules for the protection of civilians.” The provision did not apply to
support for ongoing counterterrorism operations against Al Qaeda and the Islamic State in Yemen.
On September 12, Secretary of State Mike Pompeo issued a certification that would allow the use
of FY2019 defense funds to support in-flight refueling of coalition aircraft to continue, per the
terms of Section 1290 (see discussion above) of the FY2019 National Defense Authorization Act
(NDAA, P.L. 115-232). Some Members of Congress criticized the Administration’s actions,
asserting that the coalition has not met the act’s specified benchmarks for avoiding civilian
casualties in Yemen.63
On September 26, several House members introduced H.Con.Res. 138, which sought to direct the
President to remove U.S. Armed Forces from hostilities in Yemen, except for Armed Forces
engaged in operations authorized under the 2001 Authorization for Use of Military Force, within
30 days unless and until a declaration of war or specific authorization for such use has been
enacted into law. In response to a similar initiative in the Senate, the Administration submitted a
detailed argument expressing its view that U.S. forces supporting Saudi-led coalition operations
are not engaged in hostilities in Yemen.
By late 2018, the prospect of widespread famine in Yemen coupled with international reprobation
over the killing of Jamal Khashoggi pressured the Administration and the coalition to accelerate
moves toward peace talks. On October 30, Secretary of Defense James Mattis and Secretary of
State Mike Pompeo called for all parties to reach a cease-fire and resume negotiations. On
November 9, Secretary Mattis further announced that effective immediately, the coalition would
use its own military capabilities—rather than U.S. capabilities—to conduct inflight refueling in
support of its operations in Yemen.
Though fighting continued along several fronts, on December 13, 2018, Special Envoy of the
United Nations Secretary-General for Yemen Martin Griffiths brokered a cease-fire centered on
the besieged Red Sea port city of Hudaydah (Yemen’s largest port).64 As part of the U.N.-
brokered deal (known as the Stockholm Agreement), the coalition and the Houthis agreed to
redeploy their forces outside Hudaydah city and port.65 The United Nations agreed to chair a
61 State Department Spokesperson Heather Nauert, Press Briefing, August 9, 2018.
62 “Congress, White House Reaching Breaking Point on Yemen?” Lobe Log, August 16, 2018.
63 Senator Jeanne Shaheen, Statement Following Trump Administration's Certification in Support of Saudi-led
Coalition, September 12, 2018.
64 The full text of the cease-fire agreements are available at: [https://osesgy.unmissions.org/full-text-stockholm-
agreement]
65 On December 6, 2018, the warring parties to the conflict in Yemen convened in Sweden under the auspices of the
United Nations to discuss various de-escalation proposals and a possible road map to a comprehensive peace
settlement. The talks were the first formal negotiations since 2016. After a week of negotiations, all sides agreed to the
Stockholm Agreement, which consists of three components; a cease-fire around the port city of Hudaydah, a prisoner
swap, and a statement of understanding that all sides would form a committee to discuss the war-torn city Taiz.
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Redeployment Coordination Committee (RCC) to monitor the cease-fire and redeployment. The
international community praised the Stockholm Agreement as a first step toward broader de-
escalation and a possible road map to a comprehensive peace settlement.
Also on December 13, 2018, the Senate amended and passed S.J.Res. 54 (56-41), which, among
other things, directed the President to remove U.S. forces from hostilities in Yemen, except U.S.
forces engaged in operations directed at Al Qaeda or associated forces. In the House, lawmakers
twice narrowly approved rules resolutions containing provisions that made similar resolutions
directing the President to remove U.S. forces from hostilities in Yemen ineligible for expedited
consideration (H.Res. 1142 and H.Res. 1176).66 On December 13, the Senate also passed S.J.Res.
69, which, among other things, expresses the sense of the Senate that Saudi Crown Prince
Mohammed bin Salman is responsible for the murder of the journalist Jamal Khashoggi and that
there is no statutory authorization for United States involvement in hostilities in the Yemen civil
war.
Analysis
The 115th Congress frequently debated the extent and terms of the United States' involvement in
the ongoing conflict in Yemen. Lawmakers questioned the extent to which successive
Administrations have adhered to existing law related to providing security assistance, including
sales or transfers of defense goods and defense services, while upholding international human
rights standards (e.g., 22 U.S.C. §2754 or 22 U.S.C. §2304). They also enacted new legislation
that would condition or prohibit the use of U.S. funds for some activities related to Yemen and
extend legislative oversight over the executive branch's policy toward the war in Yemen.
While the House and its Rules Committee voted to make resolutions with respect to war powers
and Yemen ineligible for expedited consideration,67 the Senate passage of S.J.Res. 54 at the
conclusion of the 115th Congress demonstrated growth in congressional opposition to U.S.
involvement in the Saudi-led coalition intervention in Yemen relative to previous years. Over
time, the balance of votes shifted in favor of measures that could be described as critical or
restrictive of U.S. support for Saudi-led coalition operations with regard to arms sales, oversight
measures, and war powers measures.
Nevertheless, after nearly four years of conflict, it remains difficult to identify the locus of
congressional consensus about Yemen. Many in the House and Senate state that they seek to
preserve cooperative U.S.-Saudi relations in broad terms and express concern about Iranian
activities in Yemen, while also expressing support for expanded humanitarian access and efforts
to bring the conflict to a close. Some lawmakers express opposition to the intervention and U.S.
involvement on moral grounds, citing errant coalition airstrikes and the prospect of a looming
famine. Others argue the conflict’s continuation creates opportunities for Iran and Sunni Islamist
extremist groups to expand their influence and operations in Yemen. Still others may have come
to oppose continued U.S. support for the intervention based on factors not directly related to
Yemen itself, including the opaque mechanisms used by the executive branch to support the
coalition and/or anger with the Saudi government over the killing of Jamal Khashoggi.
It remains to be seen whether recent congressional consideration of Yemen legislation is a
harbinger of broader efforts by Members of Congress to reassert congressional prerogatives
66 See Section 2 of H.Res. 1176, Providing for consideration of the conference report to accompany the bill (H.R. 2) to
provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through
fiscal year 2023, and for other purposes.
67 “House Republicans move to block Yemen War-Powers votes for rest of Congress,” The Hill, December 11, 2018.
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toward U.S. foreign policy writ large. Measures to enhance oversight over U.S. support to the
Saudi-led coalition and U.S. strategy toward Yemen have received broad bipartisan support, while
proponents of other recently considered arms sales and war powers measures have had to resort to
the use of mechanisms to ensure privileged consideration of their proposals.
The 116th Congress may continue to debate U.S. support for the Saudi-led coalition and Saudi
Arabia’s conduct of the war in Yemen. It is uncertain whether lawmakers may also broaden the
scope of their oversight activities beyond the current conflict to more fully address the root causes
of Yemen’s chronic instability. Even if the United States is no longer an active supporter of
coalition military efforts, Yemen itself has been devastated by years of war and remains the
world’s worst humanitarian crisis. Experts expect Yemen to require sustained international
attention and financial assistance in order to help local actors reach and sustain a political
settlement. This suggests that Congress may grapple with questions about the conduct of U.S.
diplomacy, the provision of U.S. security support, and the investment of U.S. assistance and
defense funds for years to come.
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link to page 19
Table 1. Proposed Legislation on the Conflict in Yemen in the 116th Congress
Bills, Resolutions, and Amendments offered in the 116th Congress
Bill Number
Principal Sponsors
Summary
Status
Resolutions and Stand–alone Legislation
Consolidated Appropriations Act for Fiscal Year 2019
H.R. 648
Representative Nita Lowey
Explanatory statement for Division E on State Department and Foreign
Introduced 01/17/2019
(D) – New York
Operations directs Administration to comply with the directives, reporting
requirements, and instructions contained in H.Rept. 115-829 accompanying H.R.
6385 and S.Rept. 115-282 accompanying S. 3108 from the 115th Congress unless
specifically directed to the contrary.
See Table 2 below for relevant comments on Yemen from these referenced
reports.
The statement notes that language expressing an opinion or making an
observation in the House or Senate reports from the 115th Congress represents
the view of the respective committee unless specifically endorsed in the
explanatory statement.
CRS-15
Table 2. Proposed Legislation on the Conflict in Yemen in the 115th Congress
Bills, Resolutions, and Amendments offered in the 115th Congress
Bill Number
Principal Sponsors
Summary
Status
Resolutions and Stand–alone Legislation
S.Res. 114
Senator Todd Young, (R) –
Among other things, states the sense of the Senate that the United States should
Resolution agreed to in
Indiana and Senator Benjamin
support efforts to hold accountable those responsible for deliberate restrictions
Senate with an amendment
Cardin, (D) – Maryland
on humanitarian access in Nigeria, Somalia, South Sudan, and Yemen.
and an amended preamble by
unanimous consent on
09/26/2017.
S.J.Res. 40
Senator Christopher Murphy,
Would prohibit the transfer to Saudi Arabia of U.S. air–to–ground munitions until Introduced and Referred to
(D) – Connecticut
the President certifies to Congress that, among other thing: Saudi Arabia and its
the Senate Foreign Relations
coalition partners are taking all feasible precautions to reduce the risk of civilian
Committee on 04/06/17.
H.J.Res. 104
Representative Ted Lieu, (D)
– California
harm and exercising proportional use of force in the course of military actions,
H.J.Res. 104 referred to the
and are making demonstrable efforts to facilitate the flow of critical humanitarian
House Committee on
aid and commercial goods. The bil also would require a briefing on U.S.
Foreign Affairs on
government support for the Saudi–led coalition’s military operations in Yemen,
05/25/2017.
which would include an assessment, among other things, of whether these
operations in Yemen constitute legitimate self–defense and whether these
operations have deliberately targeted civilian infrastructure in Yemen.
S.J.Res. 42
Senator Christopher Murphy,
Would disapprove of the transfer to Saudi Arabia of defense articles, including
Motion to discharge the
(D) – Connecticut
defense services and technical data, described in the certification Transmittal No.
Senate Foreign Relations
DDTC 15–132, Transmittal No. DDTC 16–011, and Transmittal No. DDTC 16–
Committee from further
043 (JDAM, bomb fuzes, and, Paveway Weapons Systems.
consideration of S.J.Res. 42
H.J.Res 102
Representative Justin Amash,
not agreed to in the Senate
(R) – Michigan
on 06/13/2017 (Yeas and
Nays 47 – 53, Record Vote
Number 143).
CRS-16
Bill Number
Principal Sponsors
Summary
Status
H.R. 2795
Representative Karen Bass,
Would require the Secretaries of State and Defense in coordination with the
Referred to the
(D) – California
Administrator of the U.S. Agency for International Development to provide
Subcommittee on Middle
Congress with a report on U.S. security and humanitarian interests in Yemen,
East and North Africa,
including: the strategic objectives of the United States in Yemen, including
House Foreign Affairs
humanitarian support to civilian populations under threat of famine, and the
Committee on 06/27/2017.
criteria for determining the success of such objectives; a description of efforts to
coordinate civilian and military efforts with respect to Yemen; and a description
of the diplomatic strategy with respect to regional partners seeking to end the
civil war in Yemen.
H.R.4603
Representative Ileana Ros-
Would, among other things, require the President to impose sanctions on a
H.R.4603 referred to the
Lehtinen, (R) – Florida
foreign person that the President determines knowingly provides significant
Committee on Foreign
financial, material, or technological support for, among others, the Ansar Allah in
Affairs on 12/07/2017, and in
Yemen (Houthis). The bil also would require the President to report on Iranian
addition to the Committee
activities in Yemen.
on the Judiciary, for a period
to be subsequently
determined by the Speaker,
in each case for
consideration of such
provisions as fall within the
jurisdiction of the committee
concerned.
H.Con.Res. 81
Representatives Khanna (D -
Would direct the President to remove U.S. Armed Forces from hostilities in the
Unanimous consent that the
CA), Massie (R – KY), Pocan
Republic of Yemen, except those engaged in operations directed at Al Qaeda in
provisions of Section 7 of
(D – WI), and Jones (R – NC). the Arabian Peninsula, within 30 days after adoption of this concurrent
the War Powers Resolution
resolution, unless the President requests and Congress authorizes a later date,
(50 U.S.C. 1546) shall apply
and unless and until a declaration of war or specific authorization for the use of
to H.Con.Res. 81 not earlier
U.S. Armed Forces has been enacted.
than November 2, 2017, but
on the same terms that
would have adhered on
October 13, 2017. Agreed
to without objection on
10/11/2017.
CRS-17
Bill Number
Principal Sponsors
Summary
Status
H.Con.Res. 138
Representative Ro Khanna,
Would direct the President, pursuant to section 5(c) of the War Powers
Introduced and Referred to
(D) – California
Resolution (50 U.S.C. 1544(c)), to remove United States Armed Forces from
the House Committee on
hostilities in the Republic of Yemen, except United States Armed Forces engaged
Foreign Affairs on
in operations authorized under the 2001 Authorization for Use of Military Force
09/26/2018.
(Public Law 107–40; 50 U.S.C. 1541 note), not later than 30 days after the date of
the adoption of this concurrent resolution unless and until a declaration of war
or specific authorization for such use of United States Armed Forces has been
enacted into law.
H.Con.Res. 142
Representative Ro Khanna,
Would direct the President, pursuant to section 5(c) of the War Powers
Introduced and Referred to
(D) – California
Resolution (50 U.S.C. 1544(c)), to remove United States Armed Forces from
the House Committee on
hostilities in the Republic of Yemen, except United States Armed Forces engaged
Foreign Affairs on
in operations authorized under the 2001 Authorization for Use of Military Force
11/29/2018.
(Public Law 107–40; 50 U.S.C. 1541 note), not later than 30 days after the date of
the adoption of this concurrent resolution unless and until a declaration of war
or specific authorization for such use of United States Armed Forces has been
enacted into law.
H.J.Res 142
Representative Justin Amash,
Would direct the President to terminate the use of the United States Armed
Introduced and Referred to
(R) – Michigan
Forces with respect to the military intervention led by Saudi Arabia in the
the House Committee on
Republic of Yemen not later than the end of the period of 30 days beginning on
Foreign Affairs on
the date of the enactment of this joint resolution unless and until a declaration of
11/29/2018.
war or specific authorization for such use of the Armed Forces has been enacted
into law.
CRS-18
Bill Number
Principal Sponsors
Summary
Status
H.Res. 599
Representative Ro Khanna,
Among other things, expresses the urgent need for a political solution in Yemen
Unanimous consent that it
(D) – California
consistent with United Nations Security Council Resolution 2216; denounces the
be in order at any time to
conduct of activities in Yemen and areas affected by the conflict that are, directly
consider in the House
or indirectly, inconsistent with the laws of armed conflict; and condemns Iranian
H.Res. 599 with one hour of
activities in Yemen in violation of UNSCR 2216. Calls on all responsible countries
debate and that
to take appropriate and necessary measures against the Government of Iran,
notwithstanding any previous
including the interdiction of Iranian weapons to the Houthis, and the bilateral and
order of the House, the
multilateral application of sanctions against Iran for its violations of UNSCR 2216.
provisions of Section 7 of
the War Powers Resolution
(50 U.S.C. 1546) shall not
apply to H.Con.Res. 81.
Agreed to without objection
on 11/01/2017.
Passed in the House on
11/13/2017 (Yeas and Nays
366-30, 1 present, and 35
not voting, Rol no. 623).
CRS-19
Bill Number
Principal Sponsors
Summary
Status
S.J.Res. 54
Senator Bernie Sanders, (I –
As introduced, would direct the President to remove U.S. Armed Forces from
Motion to table a motion to
VT), Senator Mike Lee (R –
hostilities in or affecting the Republic of Yemen, except U.S. Armed Forces
discharge the Senate Foreign
UT), and Senator Christopher
engaged in operations directed at Al Qaeda or associated forces within 30 days of Relations Committee from
Murphy, (D – CT)
adoption unless and until a declaration of war or specific authorization for such
further consideration of
use of U.S. Armed Forces has been enacted.
S.J.Res. 54 agreed to in the
Senate on 03/20/2018 (Yeas
and Nays 55 – 44, Record
As amended and agreed to in the Senate, directs the President to remove United
Vote Number 58).
States Armed Forces from hostilities in or affecting the Republic of Yemen,
except United States Armed Forces engaged in operations directed at al Qaeda
Motion to discharge the
or associated forces, by not later than the date that is 30 days after the date of
Senate Foreign Relations
the adoption of this joint resolution (unless the President requests and Congress
Committee from further
authorizes a later date), and unless and until a declaration of war or specific
consideration of S.J.Res. 54
authorization for such use of United States Armed Forces has been enacted. For
agreed to in the Senate on
purposes of the resolution’s directive section, the term “hostilities” includes in-
11/28/2018 (Yeas and Nays
flight refueling of non-United States aircraft conducting missions as part of the
63 – 37, Record Vote
ongoing civil war in Yemen. States that nothing in the resolution shall be
Number 250).
construed to influence or disrupt cooperation with Israel.
Motion to proceed to
Also requires reporting on risks posed to United States citizens and the civilian
consideration of S.J.Res.54
population of the Kingdom of Saudi Arabia and the risk of regional humanitarian
agreed to in the Senate on
crises if the United States were to cease support operations with respect to the
12/12/2018 (Yeas and Nays
conflict between the Saudi-led coalition and the Houthis in Yemen; and, the
60 – 39, Record Vote
increased risk of terrorist attacks on United States Armed Forces abroad, allies,
Number 261).
and to the continental United States if the Government of Saudi Arabia were to
Point of order that
cease Yemen-related intelligence sharing with the United States.
amendments offered under
50 U.S.C. 1546a be germane
to the underlying joint
resolution to which they are
offered, considered well
taken in the Senate on
12/12/2018 (Yeas and Nays
96 – 3, Record Vote
Number 262).
Agreed to in the Senate with
amendments on 12/13/2018
(Yeas and Nays 56 – 41,
Record Vote Number 266)
CRS-20
Bill Number
Principal Sponsors
Summary
Status
S.Amdt.4080 to
Senator Todd Young, (R) –
Clarifies that S.J.Res.54 prohibits United States Armed Forces from refueling non-
Agreed to in the Senate on
S.J.Res.54
Indiana
United States aircraft conducting missions as part of the ongoing civil war in
12/13/2018 (Yeas and Nays
Yemen.
58 – 41, Record Vote
Number 263).
S.Amdt.4096 to
Senator John Cornyn, (R) –
Provides that nothing in S.J.Res.54 shall be construed to influence or disrupt any
Agreed to in the Senate on
S.J.Res.54
Texas
military operations and cooperation with Israel.
12/13/2018 (Yeas and Nays
99 – 0, Record Vote
Number 264)
S.Amdt.4098 to
Senator Tom Cotton, (R) –
Would clarify that the requirement in S.J.Res.54 to remove United States Armed
Not agreed to in the Senate
S.J.Res.54
Arkansas
Forces would not apply to forces engaged in operations to support efforts to
on 12/13/2018 (Yeas and
disrupt Houthi attacks against locations outside of Yemen, such as ballistic missile
Nays 45 – 54, Record Vote
attacks, unmanned aerial vehicle attacks, maritime attacks against United States or Number 265)
international vessels, or terrorist attacks against civilian targets.
S.Amdt.4090 to
Senator John Cornyn, (R) –
To require a report assessing risks posed by ceasing support operations with
Agreed to in the Senate by
S.J.Res.54
Texas
respect to the conflict between the Saudi-led coalition and the Houthis in Yemen. voice vote on 12/13/2018.
S.Amdt.4095 to
Senator John Cornyn, (R) –
To require a report assessing the increased risk of terrorist attacks in the United
Agreed to in the Senate by
S.J.Res.54
Texas
States if the Government of Saudi Arabia were to cease Yemen-related
voice vote on 12/13/2018.
intelligence sharing with the United States.
S.Amdt.4097 to
Senator Tom Cotton, (R) –
Would clarify that the requirement to remove United States Armed Forces does
Request for unanimous
S.J.Res.54
Arkansas
not apply to the provision of materials and advice intended to reduce civilian
consent not agreed to in
casualties or further enable adherence to the Law of Armed Conflict.
Senate by voice vote on
12/13/2018.
S.J.Res. 55
Senator Todd Young, (R) –
Would prohibit the obligation or expenditure of U.S. funds for in-flight refueling
Referred to the Senate
Indiana and Senator Jeanne
operations of Saudi and Saudi-led coalition aircraft that are not conducting select
Foreign Relations
Shaheen (D) – New
operations if certain certifications cannot be made and maintained at 30-, 180-,
Committee, 03/08/2018.
Hampshire
and 360-day intervals. Criteria include undertaking an urgent and good faith effort
to conduct diplomatic negotiations to end the civil war in Yemen and appropriate
measures to alleviate the humanitarian crisis in Yemen by increasing access for all
Yemenis to food, fuel, and medicine.
S.J.Res. 58
Senators Young (R – IN),
Revises S.J.Res. 55 to add a reduction of civilian harm criterion to the initial
Referred to the Senate
Shaheen (D – NH), Col ins (R
certification, amend the description of operations not subject to restrictions in
Foreign Relations
– ME), and Coons (D – DE)
absence of certification, and to add a strategy submission requirement.
Committee, 04/11/2018.
CRS-21
Bill Number
Principal Sponsors
Summary
Status
S.J.Res. 69
Senators Corker (R – TN),
States inter alia, that the Senate demands that all parties seek an immediate
Agreed to by voice vote on
McConnell (R – KY), Rubio (R
cease-fire and negotiated political solution to the Yemen conflict and increased
12/13/2018.
– FL), Portman (R – OH),
humanitarian assistance to the victims of the conflict; condemns the Government
Ernst (R – IA), Boozman (R –
of Iran’s provision of advanced lethal weapons to Houthi rebels, which have
AR), Crapo (R – ID), Toomey
perpetuated the conflict and have been used indiscriminately against civilian
(R – PA), Gardner (R – CO),
targets in Saudi Arabia, the United Arab Emirates, and the Bab al Mandeb
Isakson (R – GA), Sanders (I –
waterway; condemns Houthi rebels for egregious human rights abuses, including
VT), Kaine (D – VA), and
torture, use of human shields, and interference with, and diversion of,
Reed (D – RI)
humanitarian aid shipments; demands that the Saudi-led coalition and all parties to
the Yemen conflict seek to minimize civilian casualties at all times; supports the
peace negotiations currently being managed by United Nations Special Envoy
Martin Griffiths and encourages the United States Government to provide all
possible support to these diplomatic efforts; declares that there is no statutory
authorization for United States involvement in hostilities in the Yemen civil war;
and supports the end of air-to-air refueling of Saudi-led coalition aircraft
operating in Yemen.
S.Res. 714
Senator Lindsey Graham (R) –
Would state that the Senate calls on the Government of the Kingdom of Saudi
Introduced in the Senate on
South Carolina
Arabia to negotiate directly with representatives of the Houthi movement in
12/05/2018
order to end the war in Yemen, agree on a political resolution, reverse the
humanitarian crisis, and refocus efforts on defeating al Qaeda and ISIS in Yemen
H.Res. 1142
Representative Dan
Providing for consideration of the bil (H.R. 6784) to provide for removal of the
Motion in Rules Committee
Newhouse (R) – Washington
gray wolf in the contiguous 48 States from the List of Endangered and Threatened to strike Section 4 of the
Wildlife published under the Endangered Species Act of 1973, and providing for
rule, not agreed to on
proceedings during the period from November 19, 2018, through November 26,
11/13/2018 (Yeas – Nays 2–
2018.
6, Rules Committee Record
House considered this rule with provision in Section 4 stating: “The provisions of
Vote No. 281)
section 7 of the War Powers Resolution (50 U.S.C. 1546) shall not apply to
Agreed to in the House on
House Concurrent Resolution 138.”
11/14/2018 (Yeas and Nays
H.Con.Res.138 would have directed the President pursuant to section 5(c) of the
201 – 187, Rol no. 418)
War Powers Resolution to remove United States Armed Forces from hostilities
in the Republic of Yemen that have not been authorized by Congress.
CRS-22
Bill Number
Principal Sponsors
Summary
Status
H.Res. 1176
Representative Dan
Providing for consideration of the conference report to accompany the bil (H.R.
Motion in Rules Committee
Newhouse (R) – Washington
2) to provide for the reform and continuation of agricultural and other programs
to strike Section 2 of the
of the Department of Agriculture through fiscal year 2023, and for other
rule, not agreed to on
purposes.
12/11/2018 (Yeas – Nays 2–
House considered this rule with provision in Section 2 stating: “The provisions of
7, Rules Committee Record
section 7 of the War Powers Resolution (50 U.S.C. 1546) shall not apply during
Vote No. 284)
the remainder of the One Hundred Fifteenth Congress to a concurrent
Agreed to in the House on
resolution introduced pursuant to section 5 of the War Powers Resolution (50
12/12/2018 (Yeas and Nays
U.S.C. 1544) with respect to the Republic of Yemen.”
206 – 203, Rol no. 432)
S. 3623
Senator Tim Kaine (D) –
Would prohibit obligation or expenditure of funds available to the Department of Referred to the Senate
Virginia
Defense for any fiscal year beginning before the date of enactment for aerial
Committee on Armed
refueling of aircraft owned or operated by the Kingdom of Saudi Arabia.
Services on 11/14/2018.
S. 3652
Senator Robert Menendez (D) Would state sense of Senate on U.S. policy toward Yemen and require periodic
Referred to the Senate
– New Jersey
briefings from the Secretary of State, the Administrator of the United States
Foreign Relations
Agency for International Development, the Secretary of Defense, and the
Committee on 11/15/2018
Director of National Intelligence on the progress of the United States strategy to
end the war in Yemen until a complete cessation of hostilities in the Yemen civil
war.
Would require a report describing the causes and consequences of civilian harm
occurring in the armed conflict in Yemen, including war crimes, and gross
violations of human rights as a result of the actions of all parties to the conflict.
Would suspend weapons transfers to Saudi Arabia of items designated under
Category III, IV, VII, or VIII on the United States Munitions List with the
exception of ground-based missile defense systems. President could waive this
suspension if certification of specific Saudi-led coalition and Houthi activities were
made.
Would prohibit the use of federal funds to provide in-flight refueling of Saudi or
Saudi-led coalition non-United States aircraft conducting missions as part of the
ongoing civil war in Yemen.
Would require the President to impose property and travel sanctions on
individuals and entities the President determines inter alia are hindering or
restricting humanitarian aid delivery or providing support to the Houthi
movement.
Would direct the Comptrol er General to review U.S. military support to the
Saudi-led coalition in Yemen.
CRS-23
Bill Number
Principal Sponsors
Summary
Status
National Defense Authorization Act, 2019
H.R. 5515/P.L. 115-
Representative Mac
Section 1286 (HASC Reported) – would require the Secretary of Defense to
Reported to House,
232
Thornberry, (R) – Texas
submit to the congressional defense committees not later than February 1, 2019,
05/15/2018.
a report describing the strategy of the U.S. Armed Forces with respect to Yemen, Conferees removed the
including current activities, costs, interests, goals, success metrics, estimated
report requirement from the
resource needs through FY2022, and current legal authorities.
bil text and in place made it
a requirement of the
conference report (H.Rept.
115-874).
Conference report agreed to
in the House on 07/26/2018
(Yeas and Nays 359 – 54,
Rol no. 379).
Conference report agreed to
in the Senate on 08/01/2018
(Yeas and Nays 87 – 10,
Record Vote Number 181).
Signed by the President and
became Public Law No: 115-
232 on 08/13/2018.
H.R. 5515
Representative Beto
House Rules Committee Amendment 312 – would require the Secretary
Submitted on 05/17/2018
O'Rourke, (D) – Texas and
of Defense to report every 90 days on any mid-air refueling for any non-U.S.
Not made in order by Rules
Representative Ro Khanna,
aircraft of the Saudi-led coalition for any anti-Houthi missions in Yemen to
Committee.
(D) – California
include recipient aircraft information, targets struck by such aircraft, associated
damage, and any records required by cross-servicing agreements.
H.R. 5515
Representative Ro Khanna,
House Rules Committee Amendment 323 – would require the Secretary
Submitted on 05/17/2018
(D) – California and
of Defense to issue a declassified report on the effect of the war in Yemen on the Not made in order by Rules
Representative Barbara Lee,
Islamic State and Al Qaeda in the Arabian Peninsula.
Committee.
(D) – California
H.R. 5515
Representative Ro Khanna,
House Rules Committee Amendment 325 - would prohibit the use of
Submitted on 05/17/2018
(D) – California and
funds authorized to be appropriated by the Act “for refueling non-United States
Not made in order by Rules
Representative Walter Jones,
military aircraft for missions conducted against the Houthi in Yemen.”
Committee.
(R) North Carolina
CRS-24
Bill Number
Principal Sponsors
Summary
Status
H.R. 5515
Representative Ro Khanna,
House Rules Committee Amendment 338 - would require the Secretary of Submitted on 05/17/2018
(D) – California and
Defense to investigate whether coalition partners or U.S. military or intelligence
Made in order as
Representative Barbara Lee,
personnel violated federal law or Department of Defense policy with regard to
Amendment 120 in H.Rept.
(D) – California
interrogations or gross violations of internationally recognized human rights while 115-702 Adopted by voice
conducting operations in Yemen.
vote as part of en bloc
H.Amdt. 657.
Engrossed in the House on
05/24/2018.
In conference, an
amendment was made by the
Senate to require an
additional review of U.S.
Armed Forces and coalition
partners conducting
operations in Yemen along
with a report on detention
operations of allies and
partners. All incorporated
into Section 1274.
H.R. 5515
Representative Ted Lieu, (D)
House Rules Committee Amendment 367 – would prohibit the obligation
Submitted on 05/17/2018
– California and
or expenditure of federal funds for refueling of non U.S. aircraft in Yemen with
Not made in order by Rules
Representative Ted Yoho, (R)
some exceptions unless the Department of State in conjunction with the
Committee.
– Florida
Secretary of Defense and Director of National Intelligence certifies that the
Saudi-led coalition in Yemen is making a good-faith effort on diplomatic
negotiations, not obstructing the flow of critical humanitarian aid, not supporting
radical Salafi militias, and providing the U.S. Government with battle damage
assessments of airstrikes in Yemen for which the United States provided
refueling. Would require a briefing within 30 days on operations in Yemen and a
range of civilian protection and other issues.
H.R. 5515
Representative Rick Nolan,
House Rules Committee Amendment 399 - would prohibit the use of
Submitted on 05/17/2018
(D) – Minnesota
funds authorized by the Act “to deploy members of the Armed Forces to
Not made in order by Rules
participate in the ongoing civil war in Yemen.”
Committee.
CRS-25
Bill Number
Principal Sponsors
Summary
Status
H.R. 5515
Representative Pramila Jayapal, House Rules Committee Amendment 456 - would prohibit the use of
Submitted on 05/17/2018
(D) – Washington
funds authorized to be appropriated by the Act to refuel or assist in targeting of
Not made in order by Rules
air strikes led by Saudi Arabia or the United Arab Emirates against Houthi forces
Committee.
in Yemen or for Special Operations ground missions in support of anti-Houthi
operations until the Secretary of Defense certifies that Yemen’s Hudaydah port is
“completely open to aid and commercial flow of food, fuel, and medicine.”
H.R. 5515
Representative Mark Pocan
House Rules Committee Amendment 507 - Would require the Secretary
Submitted on 05/17/2018
(D) - Wisconsin
of Defense to submit a report within 120 days of enactment regarding all
Not made in order by Rules
activities conducted by members of the U.S. Armed Forces and civilian personnel
Committee.
of the Department of Defense in providing assistance to the military coalition led
by Saudi Arabia and the United Arab Emirates against Houthi forces in Yemen.
H.R. 5515
Representative Mark Pocan
House Rules Committee Amendment 508 - Would prohibit the use of
Submitted on 05/17/2018
(D) – Wisconsin and
funds authorized to be appropriated by the Act to transfer precision guided
Not made in order by Rules
Representative Justin Amash
munitions to Saudi Arabia until the Secretary of Defense certifies that U.S. Armed Committee.
(R) - Michigan
Forces have withdrawn from all forms of participation in the hostilities led by
Saudi Arabia or the United Arab Emirates against Houthi forces in Yemen, unless
such participation is specifically authorized by Congress.
H.R. 5515
Representative Karen Bass,
House Rules Committee Amendment 561 – Would require a
Submitted on 05/17/2018
(D) - California
comprehensive report within 90 days by Department of State, Department of
Made in order as
Defense, and USAID on U.S. security and humanitarian interests in Yemen.
Amendment 37 in H.Rept.
115-702.
Adopted by voice vote as
part of en bloc H.Amdt. 645.
Engrossed in the House on
05/24/2018.
In conference, was removed
by the House due to a prior
provision that encompasses
this amendment.
CRS-26
Bill Number
Principal Sponsors
Summary
Status
S. 2987
Senator James Inhofe, (R) -
Section 1266 (SASC Reported) - would prohibit the obligation or
Reported to Senate,
Oklahoma
expenditure of U.S. funds for in-flight refueling operations of Saudi and Saudi-led
06/05/2018.
coalition aircraft that are not conducting select operations if certain certifications
cannot be made and maintained at 30-, 180-, and 360-day intervals. Criteria
include identifying whether the Government of Saudi Arabia is: undertaking an
In conference, an
urgent and good faith effort to conduct diplomatic negotiations to end the civil
amendment was made to
war in Yemen; alleviating the humanitarian crisis in Yemen by increasing access
require reporting and
(including through the port of Hudaydah) for all Yemenis to food, fuel, and
certification on the United
medicine; reducing delays to shipments resulting from secondary Saudi coalition
Arab Emirates in addition to
inspections other than those associated with the United Nations Verification and
Saudi Arabia.
Inspections Mechanism (UNVIM); and reducing the risk of harm to civilians
Incorporated as Section
resulting from Saudi-led military operations. Would enable the Secretary of State
1290 of the conference
to waive the certification requirement for national security purposes if the
version of H.R. 5515.
Secretary provides an unclassified explanatory justification to the appropriate
committees. Also would require a report on, among other things, U.S. objectives
in Yemen and a detailed strategy to accomplish those objectives.
Defense Appropriations Act for Fiscal Year 2019
H.R. 6157
Senators Murphy (D – CT),
Senate Amendment 3793 to Senate Amendment 3695 – Would amend
Submitted on 08/20/2018.
S.Amdt. 3793
Schatz (D – HI), Warren (D –
Senate amendment in the nature of a substitute to prohibit the use of funds made
MA), Feinstein (D – CA),
available by the act for the Defense Department for U.S. support of the Saudi
Carper (D – DE), Blumenthal
Arabia-led intervention in Yemen until the Secretary of Defense certifies, in
(D – CT), and Kaine (D – VA)
writing, to Congress that the Saudi-led coalition air campaign “does not violate
the principles of distinction and proportionality within the rules for the
protection of civilians.” The provision would not apply “to ongoing support for
counterterrorism operations” against Al Qaeda or the Islamic State.
H.R. 6157
Representative Ro Khanna (D
House Rules Committee Amendment 79 – Would have prohibited the use
Not made in order by Rules
- CA)
of funds made available by the Act to transfer munitions to Saudi Arabia or the
Committee.
United Arab Emirates in missions against the Houthis in Yemen.
H.R. 6157
Representatives Khanna (D -
House Rules Committee Amendment 83 – Would have prohibited the use
Not made in order by Rules
CA) and Jones (R - NC)
of funds made available by the Act to transfer fuel to Saudi Arabia or the United
Committee.
Arab Emirates in missions against the Houthis in Yemen.
H.Rept. 115-769 on
House Committee on
Requests a classified report from the Secretary of Defense, no later than 120
Reflected in Division A of
H.R. 6157
Appropriations
days after the date of enactment of this Act, submitted to the congressional
Conference Report H.Rept.
defense committees detailing activities by the Department of Defense in providing 115-952 by reference.
assistance to the Saudi-led coalition beginning in March 2015.
CRS-27
Bill Number
Principal Sponsors
Summary
Status
Foreign Operations Appropriations Act for Fiscal Year 2019
S.Rept. 115-282 on
Senate Committee on
Notes that 22 mil ion people are in need of assistance and 8 mil ion people are at
Reported to the Senate on
S. 3108
Appropriations
risk of starvation.
06/21/2018
Urges the Administration to: (1) work with all parties involved in the conflict to
respect their obligations under international humanitarian law and take all feasible
precautions to protect civilians and civilian infrastructure from the impact of
hostilities; and (2) take steps to ensure that vital humanitarian aid and commercial
goods can continue to flow through the port of Hudaydah and other key entry
points.
H.Rept. 115-829 on
House Committee on
Expresses Committee concern about “the significant humanitarian needs in
Reported to the House on
H.R. 6385
Appropriations
Yemen and the lack of consistent access to allow relief to be provided in Yemen.” 07/16/2018
Requires a report within 45 days of enactment from the Secretary of State, in
consultation with the USAID Administrator, addressing humanitarian assistance
delivery, humanitarian access, Yemeni port capacity, and “the conditions required
to transition from humanitarian assistance to longer-term development
assistance.
Report urges the Secretary of State “to press for access, including for food and
fuel, into all Red Sea Ports, which are critical lifelines for the Yemeni population.”
Intelligence Authorization Act for Fiscal Year 2019
H.Amdt. 865 to
Representative Dan Lipinski
Would require an annual report from the Director of National Intelligence
Approved in House by voice
H.R. 6237
(D) – Il inois
describing Iranian expenditures on military and terrorist activities outside the
vote on 07/12/2018.
country, such as on Hezbol ah, Houthi rebels in Yemen, Hamas, and proxy forces
in Iraq and Syria.
CRS-28
Bill Number
Principal Sponsors
Summary
Status
National Defense Authorization Act, 2018
H.R. 2810
Representative Mac
Section 1277 (House–passed) – Would have required the President to
Engrossed in the House on
(NDAA)/P.L. 115-
Thornberry, (R) – Texas
provide the appropriate congressional committees with a report that contains a
07/14/2017. The Senate
91
security strategy for Yemen, including, among other things: a discussion of the
engrossed amendment
strategy’s compliance with applicable legal authorities and a detailed description
contained no similar
of the roles of the U.S. Armed Forces in implementing the strategy.
provision.
Section 1275 (Agreed to in Conference)- Requires the President to provide
In conference, the
the appropriate congressional committees with a report that contains a security
prohibition on funds
strategy for Yemen, including, among other things: “an explanation of the legal
contained in Section 1277(e)
authorities supporting the strategy; a detailed description of the political and
[see below] was removed
security environment in Yemen; a detailed description of the threats posed by Al
and conferees adopted the
Qaeda in the Arabian Peninsula and the Islamic State of Iraq and Syria–Yemen
security strategy provisions
Province, including the intent, capabilities, strategic aims, and resources
contained in Section 1277
attributable to each organization; a detailed description of the threats posed to
with clarifying changes and
freedom of navigation through the Bab al Mandab Strait and waters in proximity
incorporated them into
to Yemen as well as any United States efforts to mitigate those threats; a detailed
Section 1275 in P.L. 115-91.
description of the threats posed to the United States and its allies and partners
by the proliferation of advanced conventional weapons in Yemen; a detailed
description of the threats posed to United States interests by state actors in
Yemen; a discussion of United States objectives regarding long-term stability and
counterterrorism in Yemen; a plan to integrate the United States diplomatic,
development, military, and intelligence resources necessary to implement the
strategy; and a detailed description of the roles of the United States Armed
Forces in supporting the strategy.”
CRS-29
Bill Number
Principal Sponsors
Summary
Status
H.R. 2810
Representative Ted Lieu, (D –
House Rules Committee Amendment 274 – Would have required the
Submitted on 07/12/2017.
(NDAA)/P.L. 115-
CA), Representative Ruben
Secretaries of State and Defense to provide the appropriate congressional
Made in order as
91
Gallego (D – AZ), and
committees with a report on military action of Saudi Arabia and its coalitions
Amendment 93 in H.Rept.
Representative Yvette Clarke
partners in Yemen, including among other things: the extent to which the
115-217. Adopted by voice
(D – NY)
Government of Saudi Arabia and its coalition partners in Yemen are abiding by
vote as part of en bloc
their “No Strike List and Restricted Target List,” and the roles played by U.S.
H.Amdt. 195. Incorporated
military personnel with respect to operations of such coalition partners in
as Section 1293 and
Yemen.
engrossed in the House on
Section 1265 (Agreed to in Conference) – Requires the Secretaries of State
07/14/2017.
and Defense to provide the appropriate congressional committees with a report
Agreed to in conference
on military action of Saudi Arabia and its coalitions partners in Yemen, including,
(with clarifying changes) and
among other things: the extent to which the Government of Saudi Arabia and its
incorporated as Section
coalition partners in Yemen are taking demonstrable actions to “reduce the risk
1265 in P.L. 115-91. The
of harm to civilians and civilian objects, in compliance with obligations under
conference agreement
international humanitarian law; facilitate the flow of humanitarian aid and
changed the reporting
commercial goods into Yemen, including commercial fuel and commodities not
requirement from an annual
subject to sanction or prohibition under United Nations Security Council
report with no time limit to
Resolution 2216 (2015); and target al Qaeda in the Arabian Peninsula and affiliates an annual report issued for
of the Islamic State of Iraq and Syria as part of the coalition’s military operations
two years.
in Yemen.” Would also require an assessment of “the role of United States
military personnel with respect to operations of such coalition partners in
Yemen” and “progress made by the Government of Saudi Arabia and its coalition
partners in avoiding and investigating, if necessary, civilian casualties, including
improvements to (A) targeting methodology; (B) the strike approval process; and
(C) training of personnel, including by implementing the recommendations of the
Joint Incident Assessment Team.”
H.R. 2810
Representative Rick Nolan,
House Rules Committee Amendment 159 – Would have prohibited the
Submitted on 07/12/2017.
(NDAA)/P.L. 115-
(D) – Minnesota
use of funds authorized to be appropriated by the Act to deploy members of the
Made in order as
91
Armed Forces to participate in the ongoing civil war in Yemen.
Amendment 84 in H.Rept.
115-217. Adopted by voice
vote as part of en bloc
H.Amdt. 194. Incorporated
as Section 1277(e) and
engrossed in the House on
07/14/2017. The Senate
struck the prohibition on
funds in conference.
CRS-30
Bill Number
Principal Sponsors
Summary
Status
H.R. 2810
Representative Ro Khanna,
House Rules Committee Amendment 70 – Would have required
Submitted on 07/12/2017.
(NDAA)/P.L. 115-
(D) – California
certifications for provision of air–to–ground munitions to countries relating to
Not made in order by Rules
91
the civil war in Yemen.
Committee.
H.R. 2810
Representative Ro Khanna,
House Rules Committee Amendment 71 – Would have required an
Submitted on 07/12/2017.
(NDAA)/P.L. 115-
(D) – California
investigation to determine if employees of the Department of Defense violated
Not made in order by Rules
91
federal law or Department of Defense policy while conducting operations in
Committee.
Yemen.
H.R. 2810
Representatives Khanna (D –
House Rules Committee Amendment 73 – Would have prohibited the use
Submitted on 07/12/2017.
(NDAA)/P.L. 115-
CA), Jones (R – NC), Conyers of funds authorized to be appropriated by the Act for refueling for missions over
Not made in order by Rules
91
(D – MI), Pocan (D – WI), Lee northern and western Yemen and required a reoccurring report to Congress.
Committee.
(D – CA), Grijalva (D – AZ),
Clarke (D – NY)
H.R. 2810
Representative Warren
House Rules Committee Amendment 386 – Would have prohibited the
Submitted on 07/12/2017.
(NDAA)/P.L. 115-
Davison, (R) – Ohio
use of funds authorized to be appropriated by the Act or otherwise available to
Made in order as
91
the Department of Defense for FY2018 to conduct military operations in Yemen
Amendment 120 in H.Rept.
with the exception of: Activities carried out in ful compliance with the
115-217. Adopted by voice
Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541
vote as part of en bloc
note), the provision of humanitarian assistance, the defense of U.S. Armed
H.Amdt. 196. Incorporated
Forces, and support for freedom of navigation operations.
as Section 1298 and
engrossed in the House on
07/14/2017.
H.R. 2810
Representatives Gwen Moore, House Rules Committee Amendment 188 – Would have required the U.S.
Submitted on 07/12/2017.
(NDAA)/P.L. 115-
(D) – Wisconsin and Yvette
strategy on Yemen to also consider the political and humanitarian environment in
Not made in order by Rules
91
Clarke, (D) – New York
Yemen, ways to mitigate harms to civilians caused by the ongoing conflict, and
Committee.
efforts to improve access to food, water, and health care. Would have required
an assessment of how military and other support to regional allies wil help to
achieve this strategy, including how the United States wil ensure that such aid is
not used to harm civilians. Would have required that future budget requests
specifically identify costs associated with implementing the required strategy.
H.R. 2810
Senator Elizabeth Warren, (D) Senate Amendment 439 – Would have required the Secretary of Defense, in
Submitted on 07/27/2017.
(NDAA)/P.L. 115-
– Massachusetts
consultation with the Director of National Intelligence, to provide Congress with
Not considered.
91
a report assessing whether the use of air–to–ground munitions sold or otherwise
S.Amdt. 439
supplied by the United States to the Government of Saudi Arabia have resulted in
civilian casualties, and providing recommendations on actions to be taken to
mitigate the incidence of civilian casualties in Yemen.
CRS-31
Bill Number
Principal Sponsors
Summary
Status
H.R. 2810
Senator Todd Young, (R) –
Senate Amendment 585 – Would have prohibited the sale or export of any
Submitted on 07/27/2017.
(NDAA)/P.L. 115-
Indiana
defense article to the government of Saudi Arabia during FY2018 until the
Not considered.
91
Secretary of State certifies that, among other things: the Government of Saudi
S.Amdt. 585
Arabia is complying ful y with its obligations in Yemen under international law;
and that the government of Saudi Arabia is facilitating the delivery and installation
of cranes to the port of Hudaydah. Would also have required the Comptrol er
General to report on whether the conclusions in the certification are ful y
supported.
H.R. 2810
Senator Christopher Murphy,
Senate Amendment 896 – Would have required the Secretary of Defense to
Submitted on 09/11/2017.
(NDAA)/P.L. 115-
(D) – Connecticut
certify certain government of Saudi Arabia action before funds may be authorized
Not considered.
91
by the Act for the refueling of aircraft of Saudi Arabia or its military coalition
S.Amdt. 896
partners in Yemen. The certification would not have applied for refueling
missions related to counterterrorism operations. The Secretary of Defense
would have the option to waive the certification requirement.
H.R. 2810
Senator Marco Rubio, (R) –
Senate Amendment 923 – Would have required the Secretaries of State and
Submitted on 09/11/2017.
(NDAA)/P.L. 115-
Florida
Defense to jointly report on the military action of Saudi Arabia and its coalitions
Not considered.
91
partners in Yemen, including, among other things: the extent to which the
S.Amdt. 923
Government of Saudi Arabia and its coalition partners in Yemen are abiding by
their “No Strike List and Restricted Target List” and the roles played by U.S.
military personnel with respect to operations of such coalition partners in
Yemen.
H.R. 2810
Senators Todd Young (R) –
Senate Amendment 1081 – Similar to SA Amendment 896, would have
Submitted on 09/14/2017.
(NDAA)/P.L. 115-
Indiana, Christopher Murphy
required the Secretary of Defense to certify certain government of Saudi Arabia
Not considered.
91
(D) – Connecticut, and Dean
action before funds may be authorized by the Act for the refueling of aircraft of
S.Amdt. 1081
Heller, (R) – Nevada
Saudi Arabia or its military coalition partners in Yemen. This certification would
have required, among other things, that the Government of Saudi Arabia facilitate
the delivery and installation of cranes to the port of Hudaydah.
CRS-32
Bill Number
Principal Sponsors
Summary
Status
H.R.3219 – Make America Secure Appropriations Act, 2018 (Defense Appropriations)
H.R. 3219 (FY2018
Representative Rick Nolan,
House Rules Committee Amendment 35 – Would have prohibited the use
Not made in order by Rules
Defense
(D) – Minnesota
of funds made available by the Act to deploy members of the U.S. Armed Forces
Committee.
Appropriations)/
to participate in the ongoing civil war in Yemen.
Division I, H.R.
3354
H.R. 3219 (FY2018
Representative Warren
House Rules Committee Amendment 104 – Would have prohibited the
Made in order as
Defense
Davidson, (R) – Ohio
funds appropriated or otherwise made available by the Act from being used with
Amendment 45 in H.Rept.
Appropriations)/
respect to Yemen in contravention of the War Powers Resolution.
115-261. Considered as
Division I, H.R.
H.Amdt. 268 on 07/27/2017.
3354
Failed by voice vote.
H.R. 3219 (FY2018
Representatives Khanna (D -
House Rules Committee Amendment 13 – Would have prohibited the use
Not made in order by Rules
Defense
CA), Jones (R- NC), Amash (R of funds made available by the Act to transfer munitions to Saudi Arabia or the
Committee.
Appropriations)/
- MI), and, Pocan (D - WI)
United Arab Emirates.
Division I, H.R.
3354
H.R. 3219 (FY2018
Representatives Ro Khanna
House Rules Committee Amendment 20 – Would have prohibited the use
Not made in order by Rules
Defense
(D) – California and Walter
of funds made available by the Act to transfer fuel to Saudi Arabia or the United
Committee.
Appropriations)/
Jones (R) – North Carolina
Arab Emirates, except in connection with Operation Inherent Resolve and
Division I, H.R.
operations conducted by Special Operations Command–Central or under
3354
Operating Enduring Freedom–Horn of Africa.
H.R. 3219 (FY2018
Representatives Amash (R -
House Rules Committee Amendment 44 – Would have prohibited the use
Not made in order by Rules
Defense
MI), Conyers (D - MI), Jones
of funds made available by the Act from being used to transfer or authorize the
Committee.
Appropriations)/
(R- NC), Pocan (D - WI), Lee
transfer of cluster munitions to the Government of Saudi Arabia.
Division I, H.R.
(D - CA), McGovern (D -
3354
MA), and, Lieu (D- CA)
Consolidated Appropriations FY2018
H.R. 3354
Representative Ro Khanna,
House Rules Committee Amendment 45 – Would have reduced funds for
Submitted on 09/12//2017.
(“minibus”)
(D) – California
the International Military Education & Training (IMET) program for Saudi Arabia
Not made in order by Rules
and increased the State Department’s international disaster assistance program
Committee.
for Yemen.
CRS-33
Bill Number
Principal Sponsors
Summary
Status
Joint Resolutions of Disapproval on U.S. Arms Sales to Saudi Arabia
S.J.Res. 42
Senator Rand Paul, (R) –
Would disapprove of the proposed export to the Government of the Kingdom of Considered in the Senate on
Kentucky
Saudi Arabia of certain defense articles, such as joint direct attack munitions
06/13/2017.
(JDAMs), Paveway laser–guided munitions kits, and programmable bomb fuzes.
H.J.Res 102
Representative Justin Amash,
Motion to discharge
(R) – Michigan
resolution from the Senate
Foreign Relations
Committee rejected by Yea–
Nay Vote (47 – 53, Record
Vote Number 143).
Source: Congress.gov, Congressional Record, and House Rules Committee.
CRS-34
Congress and the War in Yemen: Oversight and Legislation 2015-2019
Author Information
Jeremy M. Sharp
Christopher M. Blanchard
Specialist in Middle Eastern Affairs
Specialist in Middle Eastern Affairs
Acknowledgments
CRS interns Carmelina Palmer and Christopher Mellon provided research support for this product.
Disclaimer
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Congressional Research Service
R45046 · VERSION 19 · UPDATED
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