II 

116TH CONGRESS 

1ST SESSION S. 1039 

To limit the use of funds for kinetic military operations in or against Iran. 

IN THE SENATE OF THE UNITED STATES 

APRIL 4, 2019 

Mr. UDALL (for himself, Mr. PAUL, Mr. DURBIN, Mr. LEAHY, Mrs. FEINSTEIN, Mr. SANDERS, Mr. MERKLEY, Mr. HEINRICH, Mr. MURPHY, Mr. 

MARKEY, Mr. SCHATZ, and Ms. HIRONO) introduced the following bill; 

which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To limit the use of funds for kinetic military operations 

in or against Iran. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prevention of Uncon5 stitutional War with Iran Act of 2019’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Article I, Section 8, of the Constitution of 

9 the United States grants Congress the sole power to 

10 declare war. 


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1 (2) President George Washington, in a letter to 

2 William Moultrie dated August 28, 1793, wrote that 

3 ‘‘[t]he constitution vests the power of declaring war 

4 in Congress; therefore no offensive expedition of im5 portance can be undertaken until after they shall 

6 have deliberated upon the subject and authorized 

7 such a measure’’. 

8 (3) Alexander Hamilton wrote in Examination 

9 Number 1 of the Hamilton Papers, dated December 

10 17, 1801, that ‘‘ ‘[t]he Congress shall have the 

11 power to declare war’; the plain meaning of which is, 

12 that it is the peculiar and exclusive duty of Con13 gress, when the nation is at peace, to change that 

14 state into a state of war’’. 

15 (4) Iran’s support for terrorism presents a seri16 ous threat to the United States and our allies in the 

17 Middle East, Europe, and Asia. 

18 (5) Missile tests by Iran have led to escalating 

19 tensions with Israel, Saudi Arabia, the United 

20 States, and the United Nations. 

21 (6) Iran has threatened to shutdown crucial 

22 maritime lines of communication, putting United 

23 States and international naval assets, as well as 

24 global energy assets, at risk. 


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1 (7) According to the intelligence assessments of 

2 the United States, the Joint Comprehensive Plan of 

3 Action curtailed enrichment and prevented proc4 essing of fissile materials by Iran to levels which 

5 would preclude Iran from developing a nuclear weap6 on. 

7 (8) The International Atomic Energy Agency 

8 has repeatedly verified that Iran has continued to 

9 comply with its nuclear-related obligations as re10 quired by the Joint Comprehensive Plan of Action. 

11 (9) Noncompliance by the United States with 

12 the Joint Comprehensive Plan of Action risks an un13 necessary conflagration with Iran through the use of 

14 sanctions against both allies and adversaries in the 

15 region and throughout the world, absent a clear dip16 lomatic path for resolving the crisis. 

17 (10) A war with Iran would also endanger 

18 United States assets, personnel, and foreign policy 

19 objectives throughout the region, including in Iraq, 

20 Afghanistan, and Israel. 

21 (11) President Trump tweeted that Iran ‘‘[w]ill 

22 suffer consequences the likes of which few through23 out history have ever suffered before’’. 


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1 (12) Loose talk of war and belligerent rhetoric 

2 increases the risk of miscalculation by either side 

3 and unsettles United States allies. 

4 (13) Section 2(c) of the War Powers Resolution 

5 (50 U.S.C. 1541(c)) states that ‘‘[t]he constitutional 

6 powers of the President as Commander-in-Chief to 

7 introduce United States Armed Forces into hos8 tilities, or into situations where imminent involve9 ment in hostilities is clearly indicated by the cir10 cumstances, are exercised only pursuant to (1) a 

11 declaration of war, (2) specific statutory authoriza12 tion, or (3) a national emergency created by attack 

13 upon the United States, its territories or posses14 sions, or its armed forces’’. 

15 SEC. 3. LIMITATION ON USE OF FUNDS FOR KINETIC MILI16 TARY OPERATIONS IN OR AGAINST IRAN. 

17 (a) IN GENERAL.—No funds may be used for kinetic 

18 military operations in or against Iran except pursuant to 

19 an Act or joint resolution of Congress specifically author20 izing such use that is enacted after the date of the enact21 ment of this Act. 

22 (b) EXCEPTIONS.—The limitation in subsection (a) 

23 shall not apply to the following: 

24 (1) Kinetic military operations in response to 

25 an imminent threat to the United States, as otherVerDate Sep 11 2014 04:38 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1039.IS S1039

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1 wise authorized by applicable statutes and joint reso2 lutions. 

3 (2) The introduction of the United States 

4 Armed Forces into hostilities in order to repel a sud5 den attack on the United States, its territories or 

6 possessions, or its Armed Forces. 

7 (3) The deployment of United States Armed 

8 Forces to rescue or remove United States citizens or 

9 personnel. 

10 (c) RULE OF CONSTRUCTION.—Nothing in this sec11 tion may be construed to relieve the Executive Branch of 

12 restrictions on the use of force or reporting requirements 

13 set forth in the War Powers Resolution (50 U.S.C. 1541 

14 et seq.). 

Æ 


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