II 116TH CONGRESS 1ST SESSION S. 1039 To limit the use of funds for kinetic military operations in or against Iran. IN THE SENATE OF THE UNITED STATES APRIL 4, 2019 Mr. UDALL (for himself, Mr. PAUL, Mr. DURBIN, Mr. LEAHY, Mrs. FEIN- STEIN, Mr. SANDERS, Mr. MERKLEY, Mr. HEINRICH, Mr. MURPHY, Mr. MARKEY, Mr. SCHATZ, and Ms. HIRONO) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To limit the use of funds for kinetic military operations in or against Iran. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Prevention of Uncon- 4 stitutional War with Iran Act of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 (1) Article I, Section 8, of the Constitution of 8 the United States grants Congress the sole power to 9 declare war. 10 VerDate Sep 11 2014 04:38 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1039.IS S1039 kjohnson on DSK79L0C42 with BILLS 2 •S 1039 IS (2) President George Washington, in a letter to 1 William Moultrie dated August 28, 1793, wrote that 2 ‘‘[t]he constitution vests the power of declaring war 3 in Congress; therefore no offensive expedition of im- 4 portance can be undertaken until after they shall 5 have deliberated upon the subject and authorized 6 such a measure’’. 7 (3) Alexander Hamilton wrote in Examination 8 Number 1 of the Hamilton Papers, dated December 9 17, 1801, that ‘‘ ‘[t]he Congress shall have the 10 power to declare war’; the plain meaning of which is, 11 that it is the peculiar and exclusive duty of Con- 12 gress, when the nation is at peace, to change that 13 state into a state of war’’. 14 (4) Iran’s support for terrorism presents a seri- 15 ous threat to the United States and our allies in the 16 Middle East, Europe, and Asia. 17 (5) Missile tests by Iran have led to escalating 18 tensions with Israel, Saudi Arabia, the United 19 States, and the United Nations. 20 (6) Iran has threatened to shutdown crucial 21 maritime lines of communication, putting United 22 States and international naval assets, as well as 23 global energy assets, at risk. 24 VerDate Sep 11 2014 04:38 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1039.IS S1039 kjohnson on DSK79L0C42 with BILLS 3 •S 1039 IS (7) According to the intelligence assessments of 1 the United States, the Joint Comprehensive Plan of 2 Action curtailed enrichment and prevented proc- 3 essing of fissile materials by Iran to levels which 4 would preclude Iran from developing a nuclear weap- 5 on. 6 (8) The International Atomic Energy Agency 7 has repeatedly verified that Iran has continued to 8 comply with its nuclear-related obligations as re- 9 quired by the Joint Comprehensive Plan of Action. 10 (9) Noncompliance by the United States with 11 the Joint Comprehensive Plan of Action risks an un- 12 necessary conflagration with Iran through the use of 13 sanctions against both allies and adversaries in the 14 region and throughout the world, absent a clear dip- 15 lomatic path for resolving the crisis. 16 (10) A war with Iran would also endanger 17 United States assets, personnel, and foreign policy 18 objectives throughout the region, including in Iraq, 19 Afghanistan, and Israel. 20 (11) President Trump tweeted that Iran ‘‘[w]ill 21 suffer consequences the likes of which few through- 22 out history have ever suffered before’’. 23 VerDate Sep 11 2014 04:38 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1039.IS S1039 kjohnson on DSK79L0C42 with BILLS 4 •S 1039 IS (12) Loose talk of war and belligerent rhetoric 1 increases the risk of miscalculation by either side 2 and unsettles United States allies. 3 (13) Section 2(c) of the War Powers Resolution 4 (50 U.S.C. 1541(c)) states that ‘‘[t]he constitutional 5 powers of the President as Commander-in-Chief to 6 introduce United States Armed Forces into hos- 7 tilities, or into situations where imminent involve- 8 ment in hostilities is clearly indicated by the cir- 9 cumstances, are exercised only pursuant to (1) a 10 declaration of war, (2) specific statutory authoriza- 11 tion, or (3) a national emergency created by attack 12 upon the United States, its territories or posses- 13 sions, or its armed forces’’. 14 SEC. 3. LIMITATION ON USE OF FUNDS FOR KINETIC MILI- 15 TARY OPERATIONS IN OR AGAINST IRAN. 16 (a) IN GENERAL.—No funds may be used for kinetic 17 military operations in or against Iran except pursuant to 18 an Act or joint resolution of Congress specifically author- 19 izing such use that is enacted after the date of the enact- 20 ment of this Act. 21 (b) EXCEPTIONS.—The limitation in subsection (a) 22 shall not apply to the following: 23 (1) Kinetic military operations in response to 24 an imminent threat to the United States, as other- 25 VerDate Sep 11 2014 04:38 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1039.IS S1039 kjohnson on DSK79L0C42 with BILLS 5 •S 1039 IS wise authorized by applicable statutes and joint reso- 1 lutions. 2 (2) The introduction of the United States 3 Armed Forces into hostilities in order to repel a sud- 4 den attack on the United States, its territories or 5 possessions, or its Armed Forces. 6 (3) The deployment of United States Armed 7 Forces to rescue or remove United States citizens or 8 personnel. 9 (c) RULE OF CONSTRUCTION.—Nothing in this sec- 10 tion may be construed to relieve the Executive Branch of 11 restrictions on the use of force or reporting requirements 12 set forth in the War Powers Resolution (50 U.S.C. 1541 13 et seq.). 14 Æ VerDate Sep 11 2014 04:38 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1039.IS S1039 kjohnson on DSK79L0C42 with BILLS