[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 184 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. J. RES. 184
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 16 (legislative day, April 14), 2026
Mr. Schiff (for himself, Mr. Kaine, Mr. Murphy, Mr. Booker, Mr. Kim,
Mr. Merkley, and Ms. Baldwin) 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, its territories, its
possessions, citizens, service members, 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) The President notified Congress on March 2, 2026,
pursuant to the War Powers Resolution of 1973, of the
initiation of military force against Iran on February 28, 2026.
The notification stated that ``it is not possible at this time
to know the full scope and duration of military operations that
may be necessary. As such, United States forces remain postured
to take further action, as necessary and appropriate, to
address further threats and attacks upon the United States or
its allies and partners, and ensure the Government of the
Islamic Republic of Iran ceases being a threat to the United
States, its allies, and the international community.''.
(5) Pursuant to the War Powers Resolution (50 U.S.C. 1541
et seq.), the President must terminate any use of United States
Armed Forces within 60 days of providing initial notification
to Congress, unless Congress has ``declared war or has enacted
a specific authorization for such use of United States Armed
Forces,'' has ``extended by law such 60-day period,'' or ``is
physically unable to meet as a result of an armed attack upon
the United States,'' none of which has occurred with respect to
the current hostilities in and against Iran.
(6) Under the War Powers Resolution, the President may
extend the presence of the Armed Forces for ``not more than an
additional 30 days if the President determines and certifies to
the Congress in writing that unavoidable military necessity
respecting the safety of United States Armed Forces requires
the continued use of such armed forces in the course of
bringing about a prompt removal of such forces''.
(7) The 60-day period following the President's
notification to Congress on March 2, 2026, ends on May 1, 2026.
(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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