[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 69 Introduced in Senate (IS)]

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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 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. Neither 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 
        nor the Authorization for Use of Military Force Against Iraq 
        Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) 
        serve as statutory authorization for the use of military force 
        against Iran.
            (3) 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''.
            (4) The United States Armed Forces have been introduced 
        into hostilities, as defined by the War Powers Resolution, 
        against Iran.
            (5) The question of whether United States forces should be 
        engaged in hostilities against Iran should only 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.
            (6) 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. REMOVAL OF UNITED STATES ARMED FORCES ENGAGED IN HOSTILITIES 
              AGAINST THE ISLAMIC REPUBLIC OF IRAN.

    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 remove United States Armed Forces engaged in 
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.

SEC. 3. RULE OF CONSTRUCTION.

    Nothing in this resolution shall be construed--
            (1) to prevent the United States from defending itself from 
        imminent attack; or
            (2) to direct the physical removal or realignment of United 
        States Armed Forces in the Middle East.
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