[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 63 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
S. J. RES. 63

 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 3, 2020

 Mr. Kaine (for himself and Mr. Durbin) 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. 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 and the 
        Authorization for Use of Military Force Against Iraq Resolution 
        of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) do not serve 
        as a specific statutory authorization for war against Iran, and 
        neither authorize any such action. The Trump Administration has 
        acknowledged that neither act is specific statutory 
        authorization for military action against Iran.
            (3) President Donald J. Trump understands that Congress has 
        not authorized war with Iran and has stated that he has the 
        authority to initiate such military action without first going 
        to Congress, as reported in The Hill on June 24, 2019.
            (4) The conflict between the United States and the Islamic 
        Republic of Iran constitutes, within the meaning of section 
        4(a) of the War Powers Resolution (50 U.S.C. 1543(a)), either 
        hostilities or a situation where imminent involvement in 
        hostilities is clearly indicated by the circumstances into 
        which United States Armed Forces have been introduced.
            (5) 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''.
            (6) Section 8(c) of the War Powers Resolution (50 U.S.C. 
        1547(c)) defines the introduction of the United States Armed 
        Forces to include ``the assignment of members of such armed 
        forces to command, coordinate, participate in the movement of, 
        or accompany the regular or irregular forces of any foreign 
        country or government when such military forces are engaged, or 
        there exists an imminent threat that such forces will become 
        engaged in, hostilities''.
            (7) The United States Armed Forces have been introduced 
        into hostilities, as defined by the War Powers Resolution, 
        against Iran.
            (8) Department of Defense officials have been warning for 
        more than a year that the Trump Administration ``maximum 
        pressure campaign'' against Iran, which has included economic, 
        diplomatic and military pressure, is raising the risk of 
        retaliation against United States troops and personnel. The 
        cycle of escalating back-and-forth violence between Iran and 
        its proxies and the United States and its allies have proven 
        their warnings correct.
            (9) The question of whether United States forces should be 
        engaged in armed conflict against Iran should only be made 
        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. The 
        absence of such a deliberative approach is deeply unfair to 
        members of the United States Armed Forces and other Americans 
        whose lives are at risk in the event of hostilities between the 
        United States and Iran.
            (10) 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 FORCES FROM HOSTILITIES AGAINST THE 
              ISLAMIC REPUBLIC OF IRAN.

    (a) Removal of Forces.--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 from hostilities against the Islamic Republic of Iran or any 
part of its government or military, by not later than the date that is 
30 days after the date of the enactment of this joint resolution unless 
explicitly authorized by a declaration of war or specific authorization 
for use of military force.
    (b) Rule of Construction.--Nothing in this section shall be 
construed to prevent the United States from defending itself from 
imminent attack.
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