IIA 

116TH CONGRESS 

2D SESSION S. J. RES. 69 

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 16, 2020 

Mr. KAINE 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 

10 of military force against, the Islamic Republic of 


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1 Iran. Neither the 2001 Authorization for Use of 

2 Military Force (Public Law 107–40; 50 U.S.C. 1541 

3 note) against the perpetrators of the 9/11 attack nor 

4 the Authorization for Use of Military Force Against 

5 Iraq Resolution of 2002 (Public Law 107–243; 50 

6 U.S.C. 1541 note) serve as statutory authorization 

7 for the use of military force against Iran. 

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

9 (50 U.S.C. 1544(c)) states that ‘‘at any time that 

10 United States Armed Forces are engaged in hos11 tilities outside the territory of the United States, its 

12 possessions and territories without a declaration of 

13 war or specific statutory authorization, such forces 

14 shall be removed by the President if the Congress so 

15 directs’’. 

16 (4) The United States Armed Forces have been 

17 introduced into hostilities, as defined by the War 

18 Powers Resolution, against Iran. 

19 (5) The question of whether United States 

20 forces should be engaged in hostilities against Iran 

21 should only be answered following a full briefing to 

22 Congress and the American public of the issues at 

23 stake, a public debate in Congress, and a congres24 sional vote as contemplated by the Constitution. 


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1 (6) Section 1013 of the Department of State 

2 Authorization Act, Fiscal Years 1984 and 1985 (50 

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

4 bill to require the removal of United States Armed 

5 Forces engaged in hostilities without a declaration of 

6 war or specific statutory authorization shall be con7 sidered in accordance with the expedited procedures 

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

9 Arms Export Control Act of 1976. 

10 SEC. 2. REMOVAL OF UNITED STATES ARMED FORCES EN11 GAGED IN HOSTILITIES AGAINST THE IS12 LAMIC REPUBLIC OF IRAN. 

13 Pursuant to section 1013 of the Department of State 

14 Authorization Act, Fiscal Years 1984 and 1985 (50 

15 U.S.C. 1546a), and in accordance with the provisions of 

16 section 601(b) of the International Security Assistance 

17 and Arms Export Control Act of 1976, Congress hereby 

18 directs the President to remove United States Armed 

19 Forces engaged in hostilities against the Islamic Republic 

20 of Iran or any part of its government or military unless 

21 explicitly authorized by a declaration of war or specific au22 thorization for use of military force. 

23 SEC. 3. RULE OF CONSTRUCTION. 

24 Nothing in this resolution shall be construed— 


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1 (1) to prevent the United States from defending 

2 itself from imminent attack; or 

3 (2) to direct the physical removal or realign4 ment of United States Armed Forces in the Middle 

5 East. 

Æ 


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