[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 181 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. J. RES. 181
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
Mrs. Gillibrand 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) 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.
(3) On February 28, 2026, the Trump Administration launched
Operation Epic Fury, introducing the United States Armed Forces
into hostilities as part of an ongoing and wide-reaching
military campaign against the Government of Iran.
(4) The Trump Administration has repeatedly referred to
this operation as a ``war,'' including President Donald J.
Trump's statement on February 28, 2026, that the United States
has entered into ``a war with Iran that we did not want but
that we are going to win very quickly,'' and 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''.
(5) Immediately following the initial attacks of Operation
Epic Fury, the Islamic Revolutionary Guard Corps (IRGC)
transmitted warnings via VHF radio to all vessels in the Strait
of Hormuz that the passage was ``currently unsafe.'' The
Islamic Revolutionary Guard Corps (IRGC)'s messaging resulted
in a 70 percent drop in maritime traffic within 24 hours. By
March 2, 2026, satellite traffic showed zero merchant ships
appearing in the Strait of Hormuz. On March 27, 2026, the IRGC
officially announced that the Strait was closed to any vessel
going ``to and from'' ports belonging to the United States,
Israel, and United States allies.
(6) The closure of the Strait of Hormuz is considered the
largest disruption to the global energy supply in history. By
March 8, 2026, oil prices exceeded $100 per barrel for the
first time in nearly four years. The United Nations World Food
Programme predicts that if the conflict continues, an
additional 45,000,000 people worldwide could face food
insecurity by the end of the year because roughly one third of
the world's internationally traded fertilizer is carried
through the Strait.
(7) President Trump set an April 7, 2026, 8 p.m. Eastern
Standard Time deadline for Iran to reopen the Strait of Hormuz,
and in order to force Iran's compliance, President Trump
threatened on social media that ``a whole civilization will die
tonight, never to be brought back again''. He added that he
``didn't want that to happen, but it probably will''. On April
7, 2026, President Trump agreed to a two-week ceasefire to
permit peace negotiations but threatened ``total destruction''
if his terms are not met. On April 8, 2026, President Trump
posted on Truth Social, ``the Strait must open now. If it stays
closed, the two-week deal is over and destruction begins
again.''.
(8) Later on April 8, 2026, President Trump threatened on
social media again that if a final deal is not made, ``then the
`Shootin' Starts,' bigger, and better, and stronger than anyone
has ever seen before''. He added that the ``Military is Loading
Up and Resting, looking forward, actually, to its next
Conquest''. However, no request for a declaration of war or an
authorization to use military force has been submitted to
Congress.
(9) Reports from the Pentagon on April 4, 2026, indicate
that more than 50,000 members of the United States Armed Forces
have participated in the unprecedented operation. In March,
approximately 2,000 soldiers from the United States Army's 82nd
Airborne Division deployed to the region in support of
Operation Epic Fury.
(10) As of April 8, 2026, seven members of the United
States Armed Forces have been killed in combat as part of
Operation Epic Fury, and six more crewmembers of a KC-135
refueling aircraft died in a crash in western Iraq. Officially,
the Pentagon reports 381 wounded members of the Armed Forces
involved in Operation Epic Fury.
(11) 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)).
(12) 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 15 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 Israel and partner countries who have been
attacked by Iran since February 28, 2026, and other nations and
international organizations as appropriate, related to threats
from Iran or its proxies; or
(3) assisting Israel and partner countries who have been
attacked by Iran since February 28, 2026, and other nations--
(A) in directly defending against retaliatory
attacks upon their territories by Iran or its proxies;
or
(B) by providing defensive materiel support for
such defensive measures.
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