A joint resolution to direct the removal of United States Armed Forces from hostilities against the Islamic Republic of Iran that have not been authorized by Congress.

IIA 116TH CONGRESS 2D SESSION S. J. RES. 63 To direct the removal of United States Armed Forces from hostilities against the Islamic Republic of Iran that have not been authorized by Congress. IN THE SENATE OF THE UNITED STATES JANUARY 3, 2020 Mr. KAINE (for himself and Mr. DURBIN) introduced the following joint reso- lution; which was read twice and referred to the Committee on Foreign Relations JOINT RESOLUTION To direct the removal of United States Armed Forces from hostilities against the Islamic Republic of Iran that have not been authorized by Congress. Resolved by the Senate and House of Representatives 1 of the United States of America in Congress assembled, 2 SECTION 1. FINDINGS. 3 Congress makes the following findings: 4 (1) Congress has the sole power to declare war 5 under article I, section 8, clause 11 of the United 6 States Constitution. 7 (2) Congress has not yet declared war upon, 8 nor enacted a specific statutory authorization for use 9 VerDate Sep 11 2014 21:05 Jan 03, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\SJ63.IS SJ63 2 •SJ 63 IS of military force against, the Islamic Republic of 1 Iran. The 2001 Authorization for Use of Military 2 Force (Public Law 107–40; 50 U.S.C. 1541 note) 3 against the perpetrators of the 9/11 attack and the 4 Authorization for Use of Military Force Against Iraq 5 Resolution of 2002 (Public Law 107–243; 50 U.S.C. 6 1541 note) do not serve as a specific statutory au- 7 thorization for war against Iran, and neither author- 8 ize any such action. The Trump Administration has 9 acknowledged that neither act is specific statutory 10 authorization for military action against Iran. 11 (3) President Donald J. Trump understands 12 that Congress has not authorized war with Iran and 13 has stated that he has the authority to initiate such 14 military action without first going to Congress, as 15 reported in The Hill on June 24, 2019. 16 (4) The conflict between the United States and 17 the Islamic Republic of Iran constitutes, within the 18 meaning of section 4(a) of the War Powers Resolu- 19 tion (50 U.S.C. 1543(a)), either hostilities or a situ- 20 ation where imminent involvement in hostilities is 21 clearly indicated by the circumstances into which 22 United States Armed Forces have been introduced. 23 (5) Section 5(c) of the War Powers Resolution 24 (50 U.S.C. 1544(c)) states that ‘‘at any time that 25 VerDate Sep 11 2014 21:05 Jan 03, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\SJ63.IS SJ63 3 •SJ 63 IS United States Armed Forces are engaged in hos- 1 tilities outside the territory of the United States, its 2 possessions and territories without a declaration of 3 war or specific statutory authorization, such forces 4 shall be removed by the President if the Congress so 5 directs’’. 6 (6) Section 8(c) of the War Powers Resolution 7 (50 U.S.C. 1547(c)) defines the introduction of the 8 United States Armed Forces to include ‘‘the assign- 9 ment of members of such armed forces to command, 10 coordinate, participate in the movement of, or ac- 11 company the regular or irregular forces of any for- 12 eign country or government when such military 13 forces are engaged, or there exists an imminent 14 threat that such forces will become engaged in, hos- 15 tilities’’. 16 (7) The United States Armed Forces have been 17 introduced into hostilities, as defined by the War 18 Powers Resolution, against Iran. 19 (8) Department of Defense officials have been 20 warning for more than a year that the Trump Ad- 21 ministration ‘‘maximum pressure campaign’’ against 22 Iran, which has included economic, diplomatic and 23 military pressure, is raising the risk of retaliation 24 against United States troops and personnel. The 25 VerDate Sep 11 2014 21:05 Jan 03, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\SJ63.IS SJ63 4 •SJ 63 IS cycle of escalating back-and-forth violence between 1 Iran and its proxies and the United States and its 2 allies have proven their warnings correct. 3 (9) The question of whether United States 4 forces should be engaged in armed conflict against 5 Iran should only be made following a full briefing to 6 Congress and the American public of the issues at 7 stake, a public debate in Congress, and a congres- 8 sional vote as contemplated by the Constitution. The 9 absence of such a deliberative approach is deeply un- 10 fair to members of the United States Armed Forces 11 and other Americans whose lives are at risk in the 12 event of hostilities between the United States and 13 Iran. 14 (10) Section 1013 of the Department of State 15 Authorization Act, Fiscal Years 1984 and 1985 (50 16 U.S.C. 1546a) provides that any joint resolution or 17 bill to require the removal of United States Armed 18 Forces engaged in hostilities without a declaration of 19 war or specific statutory authorization shall be con- 20 sidered in accordance with the expedited procedures 21 of section 601(b) of the International Security and 22 Arms Export Control Act of 1976. 23 VerDate Sep 11 2014 21:05 Jan 03, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\SJ63.IS SJ63 5 •SJ 63 IS SEC. 2. REMOVAL OF UNITED STATES FORCES FROM HOS- 1 TILITIES AGAINST THE ISLAMIC REPUBLIC 2 OF IRAN. 3 (a) REMOVAL OF FORCES.—Pursuant to section 4 1013 of the Department of State Authorization Act, Fis- 5 cal Years 1984 and 1985 (50 U.S.C. 1546a), and in ac- 6 cordance with the provisions of section 601(b) of the Inter- 7 national Security Assistance and Arms Export Control Act 8 of 1976, Congress hereby directs the President to remove 9 United States Armed Forces from hostilities against the 10 Islamic Republic of Iran or any part of its government 11 or military, by not later than the date that is 30 days 12 after the date of the enactment of this joint resolution un- 13 less explicitly authorized by a declaration of war or specific 14 authorization for use of military force. 15 (b) RULE OF CONSTRUCTION.—Nothing in this sec- 16 tion shall be construed to prevent the United States from 17 defending itself from imminent attack. 18 Æ VerDate Sep 11 2014 21:05 Jan 03, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\SJ63.IS SJ63