IA 

116TH CONGRESS 

2D SESSION H. J. RES. 82 

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 HOUSE OF REPRESENTATIVES 

JANUARY 7, 2020 

Ms. OMAR submitted the following joint resolution; which was referred to the 

Committee on Foreign Affairs 

JOINT RESOLUTION 

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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•HJ 82 IH 

1 Iran. The 2001 Authorization for Use of Military 

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

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

4 Authorization for Use of Military Force Against Iraq 

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

6 1541 note) do not serve as a specific statutory au7 thorization for war against Iran, and neither author8 ize any such action. The Trump Administration has 

9 acknowledged that neither act is specific statutory 

10 authorization for military action against Iran. 

11 (3) President Donald J. Trump understands 

12 that Congress has not authorized war with Iran and 

13 has stated that he has the authority to initiate such 

14 military action without first going to Congress, as 

15 reported in The Hill on June 24, 2019. 

16 (4) 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 (5) 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 hosVerDate Sep 11 2014 00:06 Jan 08, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HJ82.IH HJ82

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1 tilities outside the territory of the United States, its 

2 possessions and territories without a declaration of 

3 war or specific statutory authorization, such forces 

4 shall be removed by the President if the Congress so 

5 directs’’. 

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

7 (50 U.S.C. 1547(c)) defines the introduction of the 

8 United States Armed Forces to include ‘‘the assign9 ment of members of such armed forces to command, 

10 coordinate, participate in the movement of, or ac11 company the regular or irregular forces of any for12 eign country or government when such military 

13 forces are engaged, or there exists an imminent 

14 threat that such forces will become engaged in, hos15 tilities’’. 

16 (7) The United States Armed Forces have been 

17 introduced into hostilities, as defined by the War 

18 Powers Resolution, against Iran. 

19 (8) Department of Defense officials have been 

20 warning for more than a year that the Trump Ad21 ministration ‘‘maximum pressure campaign’’ against 

22 Iran, which has included economic, diplomatic and 

23 military pressure, is raising the risk of retaliation 

24 against United States troops and personnel. The 

25 cycle of escalating back-and-forth violence between 


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1 Iran and its proxies and the United States and its 

2 allies have proven their warnings correct. 

3 (9) The question of whether United States 

4 forces should be engaged in armed conflict against 

5 Iran should only be made following a full briefing to 

6 Congress and the American public of the issues at 

7 stake, a public debate in Congress, and a congres8 sional vote as contemplated by the Constitution. The 

9 absence of such a deliberative approach is deeply un10 fair to members of the United States Armed Forces 

11 and other Americans whose lives are at risk in the 

12 event of hostilities between the United States and 

13 Iran. 

14 (10) Section 1013 of the Department of State 

15 Authorization Act, Fiscal Years 1984 and 1985 (50 

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

17 bill to require the removal of United States Armed 

18 Forces engaged in hostilities without a declaration of 

19 war or specific statutory authorization shall be con20 sidered in accordance with the expedited procedures 

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

22 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. 

Æ 


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