IIA 

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. 

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 

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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 war against Iran, and neither author9 ize any such action. The Trump Administration has 

10 acknowledged that neither act is specific statutory 

11 authorization for military action against Iran. 

12 (3) President Donald J. Trump understands 

13 that Congress has not authorized war with Iran and 

14 has stated that he has the authority to initiate such 

15 military action without first going to Congress, as 

16 reported in The Hill on June 24, 2019. 

17 (4) The conflict between the United States and 

18 the Islamic Republic of Iran constitutes, within the 

19 meaning of section 4(a) of the War Powers Resolu20 tion (50 U.S.C. 1543(a)), either hostilities or a situ21 ation where imminent involvement in hostilities is 

22 clearly indicated by the circumstances into which 

23 United States Armed Forces have been introduced. 

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

25 (50 U.S.C. 1544(c)) states that ‘‘at any time that 

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1 United States Armed Forces are engaged in hos2 tilities outside the territory of the United States, its 

3 possessions and territories without a declaration of 

4 war or specific statutory authorization, such forces 

5 shall be removed by the President if the Congress so 

6 directs’’. 

7 (6) Section 8(c) of the War Powers Resolution 

8 (50 U.S.C. 1547(c)) defines the introduction of the 

9 United States Armed Forces to include ‘‘the assign10 ment of members of such armed forces to command, 

11 coordinate, participate in the movement of, or ac12 company the regular or irregular forces of any for13 eign country or government when such military 

14 forces are engaged, or there exists an imminent 

15 threat that such forces will become engaged in, hos16 tilities’’. 

17 (7) The United States Armed Forces have been 

18 introduced into hostilities, as defined by the War 

19 Powers Resolution, against Iran. 

20 (8) Department of Defense officials have been 

21 warning for more than a year that the Trump Ad22 ministration ‘‘maximum pressure campaign’’ against 

23 Iran, which has included economic, diplomatic and 

24 military pressure, is raising the risk of retaliation 

25 against United States troops and personnel. The 

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1 cycle of escalating back-and-forth violence between 

2 Iran and its proxies and the United States and its 

3 allies have proven their warnings correct. 

4 (9) The question of whether United States 

5 forces should be engaged in armed conflict against 

6 Iran should only be made following a full briefing to 

7 Congress and the American public of the issues at 

8 stake, a public debate in Congress, and a congres9 sional vote as contemplated by the Constitution. The 

10 absence of such a deliberative approach is deeply un11 fair to members of the United States Armed Forces 

12 and other Americans whose lives are at risk in the 

13 event of hostilities between the United States and 

14 Iran. 

15 (10) Section 1013 of the Department of State 

16 Authorization Act, Fiscal Years 1984 and 1985 (50 

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

18 bill to require the removal of United States Armed 

19 Forces engaged in hostilities without a declaration of 

20 war or specific statutory authorization shall be con21 sidered in accordance with the expedited procedures 

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

23 Arms Export Control Act of 1976. 

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1 SEC. 2. REMOVAL OF UNITED STATES FORCES FROM HOS2 TILITIES AGAINST THE ISLAMIC REPUBLIC 

3 OF IRAN. 

4 (a) REMOVAL OF FORCES.—Pursuant to section 

5 1013 of the Department of State Authorization Act, Fis6 cal Years 1984 and 1985 (50 U.S.C. 1546a), and in ac7 cordance with the provisions of section 601(b) of the Inter8 national Security Assistance and Arms Export Control Act 

9 of 1976, Congress hereby directs the President to remove 

10 United States Armed Forces from hostilities against the 

11 Islamic Republic of Iran or any part of its government 

12 or military, by not later than the date that is 30 days 

13 after the date of the enactment of this joint resolution un14 less explicitly authorized by a declaration of war or specific 

15 authorization for use of military force. 

16 (b) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to prevent the United States from 

18 defending itself from imminent attack. 

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