One Hundred Sixteenth Congress of the United States of America

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, posses-

sions, 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 hos-

tilities is clearly indicated by the circumstances into which

United States Armed Forces have been introduced.

(5) Members of the United States Armed Forces and intel-

ligence 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 declara-

tion 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 retalia-

tory 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

S. J. Res. 68—2

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 fol-

lowing 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 declara-

tion of war or specific statutory authorization shall be consid-

ered 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) T

ERMINATION

.—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) R

ULE OF

ONSTRUCTION

.—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.