[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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