Plain English summary not yet available
The full original text is available below. Check back soon as we process this bill.
IIA
116TH CONGRESS
2D SESSION
S. J. RES. 69
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 16, 2020
Mr. KAINE introduced the following joint resolution; 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
of military force against, the Islamic Republic of
10
VerDate Sep 11 2014
20:48 Jan 16, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\SJ69.IS
SJ69
pamtmann on DSKBC07HB2PROD with BILLS
2
•SJ 69 IS
Iran. Neither the 2001 Authorization for Use of
1
Military Force (Public Law 107–40; 50 U.S.C. 1541
2
note) against the perpetrators of the 9/11 attack nor
3
the Authorization for Use of Military Force Against
4
Iraq Resolution of 2002 (Public Law 107–243; 50
5
U.S.C. 1541 note) serve as statutory authorization
6
for the use of military force against Iran.
7
(3) Section 5(c) of the War Powers Resolution
8
(50 U.S.C. 1544(c)) states that ‘‘at any time that
9
United States Armed Forces are engaged in hos-
10
tilities outside the territory of the United States, its
11
possessions and territories without a declaration of
12
war or specific statutory authorization, such forces
13
shall be removed by the President if the Congress so
14
directs’’.
15
(4) The United States Armed Forces have been
16
introduced into hostilities, as defined by the War
17
Powers Resolution, against Iran.
18
(5) The question of whether United States
19
forces should be engaged in hostilities against Iran
20
should only be answered following a full briefing to
21
Congress and the American public of the issues at
22
stake, a public debate in Congress, and a congres-
23
sional vote as contemplated by the Constitution.
24
VerDate Sep 11 2014
20:48 Jan 16, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\SJ69.IS
SJ69
pamtmann on DSKBC07HB2PROD with BILLS
3
•SJ 69 IS
(6) Section 1013 of the Department of State
1
Authorization Act, Fiscal Years 1984 and 1985 (50
2
U.S.C. 1546a) provides that any joint resolution or
3
bill to require the removal of United States Armed
4
Forces engaged in hostilities without a declaration of
5
war or specific statutory authorization shall be con-
6
sidered in accordance with the expedited procedures
7
of section 601(b) of the International Security and
8
Arms Export Control Act of 1976.
9
SEC. 2. REMOVAL OF UNITED STATES ARMED FORCES EN-
10
GAGED IN HOSTILITIES AGAINST THE IS-
11
LAMIC REPUBLIC OF IRAN.
12
Pursuant to section 1013 of the Department of State
13
Authorization Act, Fiscal Years 1984 and 1985 (50
14
U.S.C. 1546a), and in accordance with the provisions of
15
section 601(b) of the International Security Assistance
16
and Arms Export Control Act of 1976, Congress hereby
17
directs the President to remove United States Armed
18
Forces engaged in hostilities against the Islamic Republic
19
of Iran or any part of its government or military unless
20
explicitly authorized by a declaration of war or specific au-
21
thorization for use of military force.
22
SEC. 3. RULE OF CONSTRUCTION.
23
Nothing in this resolution shall be construed—
24
VerDate Sep 11 2014
20:48 Jan 16, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\SJ69.IS
SJ69
pamtmann on DSKBC07HB2PROD with BILLS
4
•SJ 69 IS
(1) to prevent the United States from defending
1
itself from imminent attack; or
2
(2) to direct the physical removal or realign-
3
ment of United States Armed Forces in the Middle
4
East.
5
Æ
VerDate Sep 11 2014
20:48 Jan 16, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\SJ69.IS
SJ69
pamtmann on DSKBC07HB2PROD with BILLS