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.

116TH CONGRESS 2D SESSION S. J. RES. 68 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) The President has a constitutional responsi- 8 bility to take actions to defend the United States, its 9 territories, possessions, citizens, service members, 10 and diplomats from attack. 11 (3) Congress has not yet declared war upon, 12 nor enacted a specific statutory authorization for use 13 of military force against, the Islamic Republic of 14 Iran. The 2001 Authorization for Use of Military 15 Force (Public Law 107–40; 50 U.S.C. 1541 note) 16 2 •SJ 68 ES against the perpetrators of the 9/11 attack and the 1 Authorization for Use of Military Force Against Iraq 2 Resolution of 2002 (Public Law 107–243; 50 U.S.C. 3 1541 note) do not serve as a specific statutory au- 4 thorization for the use of force against Iran. 5 (4) The conflict between the United States and 6 the Islamic Republic of Iran constitutes, within the 7 meaning of section 4(a) of the War Powers Resolu- 8 tion (50 U.S.C. 1543(a)), either hostilities or a situ- 9 ation where imminent involvement in hostilities is 10 clearly indicated by the circumstances into which 11 United States Armed Forces have been introduced. 12 (5) Members of the United States Armed 13 Forces and intelligence community, and all those in- 14 volved in the planning of the January 2, 2020, 15 strike on Qasem Soleimani, including President 16 Donald J. Trump, should be commended for their 17 efforts in a successful mission. 18 (6) Section 5(c) of the War Powers Resolution 19 (50 U.S.C. 1544(c)) states that ‘‘at any time that 20 United States Armed Forces are engaged in hos- 21 tilities outside the territory of the United States, its 22 possessions and territories without a declaration of 23 war or specific statutory authorization, such forces 24 3 •SJ 68 ES shall be removed by the President if the Congress so 1 directs’’. 2 (7) More than 100 members of the United 3 States Armed Forces sustained traumatic brain inju- 4 ries in the Iranian retaliatory attack on the Ain al- 5 Assad air base in Iraq despite initial reports that no 6 casualties were sustained in the attack. 7 (8) Section 8(c) of the War Powers Resolution 8 (50 U.S.C. 1547(c)) defines the introduction of the 9 United States Armed Forces to include ‘‘the assign- 10 ment of members of such armed forces to command, 11 coordinate, participate in the movement of, or ac- 12 company the regular or irregular forces of any for- 13 eign country or government when such military 14 forces are engaged, or there exists an imminent 15 threat that such forces will become engaged in, hos- 16 tilities’’. 17 (9) The United States Armed Forces have been 18 introduced into hostilities, as defined by the War 19 Powers Resolution, against Iran. 20 (10) The question of whether United States 21 forces should be engaged in hostilities against Iran 22 should be answered following a full briefing to Con- 23 gress and the American public of the issues at stake, 24 4 •SJ 68 ES a public debate in Congress, and a congressional 1 vote as contemplated by the Constitution. 2 (11) Section 1013 of the Department of State 3 Authorization Act, Fiscal Years 1984 and 1985 (50 4 U.S.C. 1546a) provides that any joint resolution or 5 bill to require the removal of United States Armed 6 Forces engaged in hostilities without a declaration of 7 war or specific statutory authorization shall be con- 8 sidered in accordance with the expedited procedures 9 of section 601(b) of the International Security and 10 Arms Export Control Act of 1976. 11 SEC. 2. TERMINATION OF THE USE OF UNITED STATES 12 FORCES FOR HOSTILITIES AGAINST THE IS- 13 LAMIC REPUBLIC OF IRAN. 14 (a) TERMINATION.—Pursuant to section 1013 of the 15 Department of State Authorization Act, Fiscal Years 16 1984 and 1985 (50 U.S.C. 1546a), and in accordance with 17 the provisions of section 601(b) of the International Secu- 18 rity Assistance and Arms Export Control Act of 1976, 19 Congress hereby directs the President to terminate the use 20 of United States Armed Forces for hostilities against the 21 Islamic Republic of Iran or any part of its government 22 or military, unless explicitly authorized by a declaration 23 of war or specific authorization for use of military force 24 against Iran. 25 5 •SJ 68 ES (b) RULE OF CONSTRUCTION.—Nothing in this sec- 1 tion shall be construed to prevent the United States from 2 defending itself from imminent attack. 3 Passed the Senate February 13, 2020. Attest: Secretary. 116TH CONGRESS 2D SESSION S. J. RES. 68 JOINT RESOLUTION To direct the removal of United States Armed Forces from hostilities against the Islamic Re- public of Iran that have not been authorized by Congress.