IIA 

116TH CONGRESS 

2D SESSION S. J. RES. 68 

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 9, 2020 

Mr. KAINE (for himself, Mr. DURBIN, Mr. LEE, and Mr. PAUL) 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. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 SECTION 1. FINDINGS. 

4 Congress makes the following findings: 

5 (1) Congress has the sole power to declare war 

6 under article I, section 8, clause 11 of the United 

7 States Constitution. 

8 (2) Congress has not yet declared war upon, 

9 nor enacted a specific statutory authorization for use 


kjohnson on DSK79L0C42PROD with BILLS
2 

•SJ 68 IS 

1 of military force against, the Islamic Republic of 

2 Iran. The 2001 Authorization for Use of Military 

3 Force (Public Law 107–40; 50 U.S.C. 1541 note) 

4 against the perpetrators of the 9/11 attack and the 

5 Authorization for Use of Military Force Against Iraq 

6 Resolution of 2002 (Public Law 107–243; 50 U.S.C. 

7 1541 note) do not serve as a specific statutory au8 thorization for the use of force against Iran. 

9 (3) The conflict between the United States and 

10 the Islamic Republic of Iran constitutes, within the 

11 meaning of section 4(a) of the War Powers Resolu12 tion (50 U.S.C. 1543(a)), either hostilities or a situ13 ation where imminent involvement in hostilities is 

14 clearly indicated by the circumstances into which 

15 United States Armed Forces have been introduced. 

16 (4) Section 5(c) of the War Powers Resolution 

17 (50 U.S.C. 1544(c)) states that ‘‘at any time that 

18 United States Armed Forces are engaged in hos19 tilities outside the territory of the United States, its 

20 possessions and territories without a declaration of 

21 war or specific statutory authorization, such forces 

22 shall be removed by the President if the Congress so 

23 directs’’. 

24 (5) Section 8(c) of the War Powers Resolution 

25 (50 U.S.C. 1547(c)) defines the introduction of the 


kjohnson on DSK79L0C42PROD with BILLS
3 

•SJ 68 IS 

1 United States Armed Forces to include ‘‘the assign2 ment of members of such armed forces to command, 

3 coordinate, participate in the movement of, or ac4 company the regular or irregular forces of any for5 eign country or government when such military 

6 forces are engaged, or there exists an imminent 

7 threat that such forces will become engaged in, hos8 tilities’’. 

9 (6) The United States Armed Forces have been 

10 introduced into hostilities, as defined by the War 

11 Powers Resolution, against Iran. 

12 (7) The question of whether United States 

13 forces should be engaged in hostilities against Iran 

14 should be answered following a full briefing to Con15 gress and the American public of the issues at stake, 

16 a public debate in Congress, and a congressional 

17 vote as contemplated by the Constitution. 

18 (8) Section 1013 of the Department of State 

19 Authorization Act, Fiscal Years 1984 and 1985 (50 

20 U.S.C. 1546a) provides that any joint resolution or 

21 bill to require the removal of United States Armed 

22 Forces engaged in hostilities without a declaration of 

23 war or specific statutory authorization shall be con24 sidered in accordance with the expedited procedures 


kjohnson on DSK79L0C42PROD with BILLS
4 

•SJ 68 IS 

1 of section 601(b) of the International Security and 

2 Arms Export Control Act of 1976. 

3 SEC. 2. TERMINATION OF THE USE OF UNITED STATES 

4 FORCES FOR HOSTILITIES AGAINST THE IS5 LAMIC REPUBLIC OF IRAN. 

6 (a) TERMINATION.—Pursuant to section 1013 of the 

7 Department of State Authorization Act, Fiscal Years 

8 1984 and 1985 (50 U.S.C. 1546a), and in accordance with 

9 the provisions of section 601(b) of the International Secu10 rity Assistance and Arms Export Control Act of 1976, 

11 Congress hereby directs the President to terminate the use 

12 of United States Armed Forces for hostilities against the 

13 Islamic Republic of Iran or any part of its government 

14 or military, unless explicitly authorized by a declaration 

15 of war or specific authorization for use of military force 

16 against Iran. 

17 (b) RULE OF CONSTRUCTION.—Nothing in this sec18 tion shall be construed to prevent the United States from 

19 defending itself from imminent attack. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS