Title: Prevention of Unconstitutional War with Iran Act of 2019
Policy area: International Affairs

Summary:
Prevention of Unconstitutional War with Iran Act of 2019
This bill prohibits funds from being used for kinetic military operations against Iran unless Congress authorizes such an action, with various exceptions such as in response to an imminent threat. ("Kinetic military operations" typically refers to active military actions, in contrast to latent operations or cyberwarfare.)


[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1039 Introduced in Senate (IS)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prevention of Unconstitutional War 
with Iran Act of 2019''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Article I, Section 8, of the Constitution of the United 
        States grants Congress the sole power to declare war.
            (2) President George Washington, in a letter to William 
        Moultrie dated August 28, 1793, wrote that ``[t]he constitution 
        vests the power of declaring war in Congress; therefore no 
        offensive expedition of importance can be undertaken until 
        after they shall have deliberated upon the subject and 
        authorized such a measure''.
            (3) Alexander Hamilton wrote in Examination Number 1 of the 
        Hamilton Papers, dated December 17, 1801, that ```[t]he 
        Congress shall have the power to declare war'; the plain 
        meaning of which is, that it is the peculiar and exclusive duty 
        of Congress, when the nation is at peace, to change that state 
        into a state of war''.
            (4) Iran's support for terrorism presents a serious threat 
        to the United States and our allies in the Middle East, Europe, 
        and Asia.
            (5) Missile tests by Iran have led to escalating tensions 
        with Israel, Saudi Arabia, the United States, and the United 
        Nations.
            (6) Iran has threatened to shutdown crucial maritime lines 
        of communication, putting United States and international naval 
        assets, as well as global energy assets, at risk.
            (7) According to the intelligence assessments of the United 
        States, the Joint Comprehensive Plan of Action curtailed 
        enrichment and prevented processing of fissile materials by 
        Iran to levels which would preclude Iran from developing a 
        nuclear weapon.
            (8) The International Atomic Energy Agency has repeatedly 
        verified that Iran has continued to comply with its nuclear-
        related obligations as required by the Joint Comprehensive Plan 
        of Action.
            (9) Noncompliance by the United States with the Joint 
        Comprehensive Plan of Action risks an unnecessary conflagration 
        with Iran through the use of sanctions against both allies and 
        adversaries in the region and throughout the world, absent a 
        clear diplomatic path for resolving the crisis.
            (10) A war with Iran would also endanger United States 
        assets, personnel, and foreign policy objectives throughout the 
        region, including in Iraq, Afghanistan, and Israel.
            (11) President Trump tweeted that Iran ``[w]ill suffer 
        consequences the likes of which few throughout history have 
        ever suffered before''.
            (12) Loose talk of war and belligerent rhetoric increases 
        the risk of miscalculation by either side and unsettles United 
        States allies.
            (13) Section 2(c) of the War Powers Resolution (50 U.S.C. 
        1541(c)) states that ``[t]he constitutional powers of the 
        President as Commander-in-Chief to introduce United States 
        Armed Forces into hostilities, or into situations where 
        imminent involvement in hostilities is clearly indicated by the 
        circumstances, are exercised only pursuant to (1) a declaration 
        of war, (2) specific statutory authorization, or (3) a national 
        emergency created by attack upon the United States, its 
        territories or possessions, or its armed forces''.

SEC. 3. LIMITATION ON USE OF FUNDS FOR KINETIC MILITARY OPERATIONS IN 
              OR AGAINST IRAN.

    (a) In General.--No funds may be used for kinetic military 
operations in or against Iran except pursuant to an Act or joint 
resolution of Congress specifically authorizing such use that is 
enacted after the date of the enactment of this Act.
    (b) Exceptions.--The limitation in subsection (a) shall not apply 
to the following:
            (1) Kinetic military operations in response to an imminent 
        threat to the United States, as otherwise authorized by 
        applicable statutes and joint resolutions.
            (2) The introduction of the United States Armed Forces into 
        hostilities in order to repel a sudden attack on the United 
        States, its territories or possessions, or its Armed Forces.
            (3) The deployment of United States Armed Forces to rescue 
        or remove United States citizens or personnel.
    (c) Rule of Construction.--Nothing in this section may be construed 
to relieve the Executive Branch of restrictions on the use of force or 
reporting requirements set forth in the War Powers Resolution (50 
U.S.C. 1541 et seq.).
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