[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 68 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
S. J. RES. 68

 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 9, 2020

 Mr. Kaine (for himself, Mr. Durbin, Mr. Lee, and Mr. Paul) 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 of the United 
States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress makes the following findings:
            (1) Congress has the sole power to declare war under 
        article I, section 8, clause 11 of the United States 
        Constitution.
            (2) Congress has not yet declared war upon, nor enacted a 
        specific statutory authorization for use of military force 
        against, the Islamic Republic of Iran. The 2001 Authorization 
        for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 
        note) against the perpetrators of the 9/11 attack and the 
        Authorization for Use of Military Force Against Iraq Resolution 
        of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) do not serve 
        as a specific statutory authorization for the use of force 
        against Iran.
            (3) The conflict between the United States and the Islamic 
        Republic of Iran constitutes, within the meaning of section 
        4(a) of the War Powers Resolution (50 U.S.C. 1543(a)), either 
        hostilities or a situation where imminent involvement in 
        hostilities is clearly indicated by the circumstances into 
        which United States Armed Forces have been introduced.
            (4) Section 5(c) of the War Powers Resolution (50 U.S.C. 
        1544(c)) states that ``at any time that United States Armed 
        Forces are engaged in hostilities outside the territory of the 
        United States, its possessions and territories without a 
        declaration of war or specific statutory authorization, such 
        forces shall be removed by the President if the Congress so 
        directs''.
            (5) Section 8(c) of the War Powers Resolution (50 U.S.C. 
        1547(c)) defines the introduction of the United States Armed 
        Forces to include ``the assignment of members of such armed 
        forces to command, coordinate, participate in the movement of, 
        or accompany the regular or irregular forces of any foreign 
        country or government when such military forces are engaged, or 
        there exists an imminent threat that such forces will become 
        engaged in, hostilities''.
            (6) The United States Armed Forces have been introduced 
        into hostilities, as defined by the War Powers Resolution, 
        against Iran.
            (7) The question of whether United States forces should be 
        engaged in hostilities against Iran should be answered 
        following a full briefing to Congress and the American public 
        of the issues at stake, a public debate in Congress, and a 
        congressional vote as contemplated by the Constitution.
            (8) Section 1013 of the Department of State Authorization 
        Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) provides that 
        any joint resolution or bill to require the removal of United 
        States Armed Forces engaged in hostilities without a 
        declaration of war or specific statutory authorization shall be 
        considered in accordance with the expedited procedures of 
        section 601(b) of the International Security and Arms Export 
        Control Act of 1976.

SEC. 2. TERMINATION OF THE USE OF UNITED STATES FORCES FOR HOSTILITIES 
              AGAINST THE ISLAMIC REPUBLIC OF IRAN.

    (a) Termination.--Pursuant to section 1013 of the Department of 
State Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a), 
and in accordance with the provisions of section 601(b) of the 
International Security Assistance and Arms Export Control Act of 1976, 
Congress hereby directs the President to terminate the use of United 
States Armed Forces for hostilities against the Islamic Republic of 
Iran or any part of its government or military, unless explicitly 
authorized by a declaration of war or specific authorization for use of 
military force against Iran.
    (b) Rule of Construction.--Nothing in this section shall be 
construed to prevent the United States from defending itself from 
imminent attack.
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