[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 161 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
S. J. RES. 161

 To direct the removal of United States Armed Forces from hostilities 
   within or against the Islamic Republic of Iran that have not been 
                        authorized by Congress.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2026

  Mr. Kelly 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 
   within or 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 Constitution of the 
        United States.
            (2) The President has a constitutional responsibility to 
        take actions to defend the United States, its territories, its 
        possessions, citizens, service members, and diplomats from 
        attack.
            (3) Congress has not declared war upon the Islamic Republic 
        of Iran or any person or organization within the Islamic 
        Republic of Iran, nor enacted a specific statutory 
        authorization for the use of military force within or against 
        the Islamic Republic of Iran.
            (4) Notwithstanding the lack of authority, the United 
        States Armed Forces has initiated hostilities against the 
        Islamic Republic of Iran and conducted sustained offensive 
        operations against Iranian military targets, expanding the 
        scope and duration of the conflict beyond a limited or 
        defensive action.
            (5) Since the initiation of hostilities, the Islamic 
        Republic of Iran and Iran-backed forces have conducted and 
        supported attacks against United States regional partners 
        across the Middle East, including missile, drone, and proxy 
        operations targeting partner nations and critical 
        infrastructure.
            (6) The continuation of offensive operations led by the 
        United States against the Islamic Republic of Iran increases 
        the likelihood of further retaliation against United States 
        Armed Forces and against allies and partners in the Middle 
        East, raising the risk of a broader regional conflict.
            (7) The use of military force within or against the Islamic 
        Republic of Iran constitutes the introduction of United States 
        Armed Forces into hostilities within the meaning of section 
        4(a) of the War Powers Resolution (50 U.S.C. 1543(a)).
            (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 requiring the removal of United 
        States Armed Forces from imminent engagement in hostilities 
        without a declaration of war or a specific statutory 
        authorization shall be considered in accordance with the 
        expedited procedures under section 601(b) of the International 
        Security Assistance and Arms Export Control Act of 1976 (Public 
        Law 94-329; 90 Stat. 765).

SEC. 2. REMOVAL OF UNITED STATES ARMED FORCES FROM HOSTILITIES WITHIN 
              OR AGAINST IRAN.

    (a) Removal.--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 section 601(b) of the International Security Assistance 
and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 765), 
Congress directs the President to remove the United States Armed Forces 
from hostilities within or against the Islamic Republic of Iran, unless 
explicitly authorized by a declaration of war or a specific 
authorization for use of military force against the Islamic Republic of 
Iran.
    (b) Rule of Construction.--Nothing in this section may be construed 
to prevent the United States from--
            (1) defending against an attack on the United States or its 
        personnel or facilities in other nations;
            (2) collecting, analyzing, or sharing intelligence, 
        including with partner countries who have been attacked by the 
        Islamic Republic of Iran since February 28, 2026, and other 
        nations and international organizations as appropriate, related 
        to defense from threats from the Islamic Republic of Iran or 
        its proxies; or
            (3) assisting partner countries who have been attacked by 
        the Islamic Republic of Iran since February 28, 2026, and other 
        nations--
                    (A) in intercepting retaliatory attacks upon their 
                territory by the Islamic Republic of Iran or its 
                proxies; or
                    (B) by providing defensive materiel support for 
                such.
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