[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 171 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. J. RES. 171
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. Kim 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 United States
Constitution.
(2) The President has a constitutional responsibility to
take actions to defend the United States and its territories,
possessions, citizens, servicemembers, and diplomats from
attack.
(3) Congress has not declared war upon Iran or any person
or organization within Iran, nor enacted a specific statutory
authorization for the use of military force within or against
Iran.
(4) Section 3 of the War Powers Resolution (50 U.S.C. 1542)
states, ``The President in every possible instance shall
consult with Congress before introducing United States Armed
Forces into hostilities or into situations where imminent
involvement in hostilities is clearly indicated by the
circumstances.''.
(5) The Trump administration has, on multiple occasions,
referred to this operation as a ``war,'' including--
(A) President Donald J. Trump's statement on
February 28, 2026, that the United States was engaged
in ``a war with Iran that we did not want but that we
are going to win very quickly''; and
(B) Secretary of Defense Pete Hegseth's statement
on March 4, 2026, that ``the terms of this war will be
set by us at every step''.
(6) President Donald J. Trump and senior executive branch
officials have also repeatedly referred to the existence of a
state of ``war'' when describing this operation, including--
(A) President Trump, on February 28, 2026, stating,
``The lives of courageous American heroes may be lost,
and we may have casualties. That often happens in
war.'';
(B) Secretary of State Rubio, on March 3, 2026,
stating, ``As of a few minutes ago, before I left,
9,000 Americans have been able to leave the region
since the start of this war.'';
(C) President Trump, on March 4, 2026, stating,
``We are doing very well on the warfront, to put it
mildly, I would say.''; and
(D) Secretary of Defense Hegseth, on March 4, 2026,
stating ``The terms of this war will be set by us at
every step.''.
(7) As result of this use of military force, as of April
10, 2026, 13 members of the United States Armed Forces have
been killed and at least 350 servicemembers have been wounded.
(8) The use of military force within or against 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)).
(9) 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 specific statutory
authorization shall be considered in accordance with the
expedited procedures under section 601(b) of the International
Security and Arms Export Control Act of 1976 (Public Law 94-
329).
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), Congress
hereby directs the President to remove the United States Armed Forces
from hostilities within or against Iran, unless explicitly authorized
by a declaration of war or a specific authorization for use of military
force.
(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 the State of Israel and United States partners
and allies, and international organizations as appropriate,
related to defending against threats from Iran or its proxies;
(3) assisting Israel and other nations--
(A) in taking defensive measures to protect their
territory from retaliatory attacks by Iran or its
proxies; or
(B) by providing defensive materiel support for
such defensive measures; or
(4) providing assistance for the security, departure, and
evacuation to United States citizens affected by the
hostilities.
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