IIA 

Calendar No. 421 

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, Mr. PAUL, Mrs. GILLIBRAND, 

Ms. HIRONO, Mr. KING, Mr. REED, Mr. SANDERS, Ms. COLLINS, Ms. 

DUCKWORTH, Mrs. FEINSTEIN, Mr. MARKEY, Mr. JONES, Mr. MERKLEY, 

Mr. SCHATZ, Mr. CARDIN, Mr. CASEY, Mr. COONS, Mr. MURPHY, Ms. 

WARREN, Ms. KLOBUCHAR, Ms. HARRIS, Mr. WARNER, Ms. CORTEZ

MASTO, Mr. BOOKER, Mrs. MURRAY, Ms. SMITH, and Mr. 

BLUMENTHAL) introduced the following joint resolution; which was read 

twice and referred to the Committee on Foreign Relations 

FEBRUARY 12, 2020 

Committee discharged, by motion, pursuant to 50 U.S.C. 1546a, and placed 

on the calendar 

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, 


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SJ 68 PCS 

1 SECTION 1. FINDINGS. 

2 Congress makes the following findings: 

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

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

5 States Constitution. 

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

7 nor enacted a specific statutory authorization for use 

8 of military force against, the Islamic Republic of 

9 Iran. The 2001 Authorization for Use of Military 

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

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

12 Authorization for Use of Military Force Against Iraq 

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

14 1541 note) do not serve as a specific statutory au15 thorization for the use of force against Iran. 

16 (3) The conflict between the United States and 

17 the Islamic Republic of Iran constitutes, within the 

18 meaning of section 4(a) of the War Powers Resolu19 tion (50 U.S.C. 1543(a)), either hostilities or a situ20 ation where imminent involvement in hostilities is 

21 clearly indicated by the circumstances into which 

22 United States Armed Forces have been introduced. 

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

24 (50 U.S.C. 1544(c)) states that ‘‘at any time that 

25 United States Armed Forces are engaged in hos26 tilities outside the territory of the United States, its 


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1 possessions and territories without a declaration of 

2 war or specific statutory authorization, such forces 

3 shall be removed by the President if the Congress so 

4 directs’’. 

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

6 (50 U.S.C. 1547(c)) defines the introduction of the 

7 United States Armed Forces to include ‘‘the assign8 ment of members of such armed forces to command, 

9 coordinate, participate in the movement of, or ac10 company the regular or irregular forces of any for11 eign country or government when such military 

12 forces are engaged, or there exists an imminent 

13 threat that such forces will become engaged in, hos14 tilities’’. 

15 (6) The United States Armed Forces have been 

16 introduced into hostilities, as defined by the War 

17 Powers Resolution, against Iran. 

18 (7) The question of whether United States 

19 forces should be engaged in hostilities against Iran 

20 should be answered following a full briefing to Con21 gress and the American public of the issues at stake, 

22 a public debate in Congress, and a congressional 

23 vote as contemplated by the Constitution. 

24 (8) Section 1013 of the Department of State 

25 Authorization Act, Fiscal Years 1984 and 1985 (50 


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

2 bill to require the removal of United States Armed 

3 Forces engaged in hostilities without a declaration of 

4 war or specific statutory authorization shall be con5 sidered in accordance with the expedited procedures 

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

7 Arms Export Control Act of 1976. 

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

9 FORCES FOR HOSTILITIES AGAINST THE IS10 LAMIC REPUBLIC OF IRAN. 

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

12 Department of State Authorization Act, Fiscal Years 

13 1984 and 1985 (50 U.S.C. 1546a), and in accordance with 

14 the provisions of section 601(b) of the International Secu15 rity Assistance and Arms Export Control Act of 1976, 

16 Congress hereby directs the President to terminate the use 

17 of United States Armed Forces for hostilities against the 

18 Islamic Republic of Iran or any part of its government 

19 or military, unless explicitly authorized by a declaration 

20 of war or specific authorization for use of military force 

21 against Iran. 

22 (b) RULE OF CONSTRUCTION.—Nothing in this sec23 tion shall be construed to prevent the United States from 

24 defending itself from imminent attack. 


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pamtmann on DSKBC07HB2PROD with BILLS
Calendar No. 421 

116TH CONGRESS 

2D SESSION S. J. RES. 68 

JOINT RESOLUTION 

To direct the removal of United States Armed 

Congress. public of Iran that have not been authorized by Forces from hostilities against the Islamic ReFEBRUARY 12, 2020 

Committee discharged, by motion, pursuant to 50 U.S.C. 

1546a, and placed on the calendar 


pamtmann on DSKBC07HB2PROD with BILLS