A 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.

#68 | SJRES Congress #116

Last Action: Failed of passage in Senate over veto by Yea-Nay Vote. 49 - 44. Record Vote Number: 84. (5/7/2020)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

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.