Bill Summary
This Joint Resolution is a directive for the removal of United States Armed Forces from hostilities against the Islamic Republic of Iran that have not been authorized by Congress. It outlines several findings, including the fact that Congress has the sole power to declare war and that the President has a constitutional responsibility to defend the country. It also notes that there is currently no specific statutory authorization for the use of military force against Iran. The resolution calls for the President to remove the Armed Forces from hostilities unless explicitly authorized by a declaration of war or specific authorization for use of military force against Iran. However, it also states that this does not prevent the US from defending itself from an imminent attack. This resolution was passed in accordance with expedited procedures and directs the President to terminate the use of US Armed Forces in hostilities against Iran.
Possible Impacts
1) If the legislation is passed and the United States Armed Forces are removed from hostilities against Iran, it could potentially affect the safety and well-being of American citizens, service members, and diplomats who are currently in Iran or in the surrounding region. They may be at risk of attack or harm without the protection of the military.
2) The legislation could also affect the ongoing conflict and relationship between the United States and Iran. If the military is removed from hostilities, it could potentially deescalate the situation and lead to improved relations between the two countries. On the other hand, it could also lead to further tensions and potential retaliation from Iran.
3) The legislation could also impact the power dynamics within the United States government. The resolution specifies that Congress has the sole power to declare war, highlighting a potential check on the President's authority. This could affect how future military actions are authorized and executed.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 68 Enrolled Bill (ENR)]
S.J.Res.68
One Hundred Sixteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
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) The President has a constitutional responsibility to take
actions to defend the United States, its territories, possessions,
citizens, service members, and diplomats from attack.
(3) 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 the use of force against Iran.
(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) Members of the United States Armed Forces and intelligence
community, and all those involved in the planning of the January 2,
2020, strike on Qasem Soleimani, including President Donald J.
Trump, should be commended for their efforts in a successful
mission.
(6) 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''.
(7) More than 100 members of the United States Armed Forces
sustained traumatic brain injuries in the Iranian retaliatory
attack on the Ain al-Assad air base in Iraq despite initial reports
that no casualties were sustained in the attack.
(8) 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''.
(9) The United States Armed Forces have been introduced into
hostilities, as defined by the War Powers Resolution, against Iran.
(10) The question of whether United States forces should be
engaged in hostilities against Iran should be answered 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.
(11) 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. TERMINATION OF THE USE OF UNITED STATES FORCES FOR HOSTILITIES
AGAINST THE ISLAMIC REPUBLIC OF IRAN.
(a) Termination.--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 terminate the use of United
States Armed Forces for hostilities against the Islamic Republic of
Iran or any part of its government or military, unless explicitly
authorized by a declaration of war or specific authorization for use of
military force against Iran.
(b) Rule of Construction.--Nothing in this section shall be
construed to prevent the United States from defending itself from
imminent attack.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.