SJRES 104
A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Islamic Republic of Iran that have not been authorized by Congress.
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Bill overview
This joint resolution urges the President to remove U.S. Armed Forces from any ongoing hostilities within or against the Islamic Republic of Iran unless Congress has formally declared war or specifically authorized the use of military force. It emphasizes Congress’s constitutional authority to declare war and highlights the lack of such authorization currently in place. The resolution allows for exceptions regarding defending the U.S. and its allies, as well as intelligence gathering and assistance to Israel and other nations for defensive purposes.
Key provisions
- Directs the President to remove U.S. Armed Forces from hostilities in Iran absent congressional authorization.
- Reinforces Congress’s sole power to declare war.
- Allows for defense against attacks on the U.S. or its personnel/facilities.
- Permits intelligence gathering related to threats from Iran.
- Authorizes assistance to Israel and other nations for defensive measures.
- Specifically allows for defensive materiel support to allies.
Who is affected
- United States Armed Forces
- The Islamic Republic of Iran
- Congress
- The President
- Israel
Notable changes
- Clarifies the President’s obligation to seek congressional authorization before engaging in hostilities against Iran.
- Establishes a specific process for considering resolutions related to removing forces without a declaration of war, referencing the War Powers Resolution and the International Security Assistance and Arms Export Control Act.
Sponsors
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119th CONGRESS — 2d Session
S. J. RES. 104
IN THE SENATE OF THE UNITED STATES
JOINT RESOLUTION
To direct the removal of United States Armed Forces from hostilities within or against the Islamic Republic of Iran that have not been authorized by Congress.
Congress makes the following findings:
Congress has the sole power to declare war under article I, section 8, clause 11 of the United States Constitution.
The President has a constitutional responsibility to take actions to defend the United States, its territories, its possessions, citizens, service members, and diplomats from attack.
Congress has not declared war upon Iran or any person or organization within Iran, nor enacted a specific statutory authorization for the use of military force within or against Iran.
The use of military force within or against Iran constitutes the introduction of United States Armed Forces into hostilities within the meaning of section 4(a) of the War Powers Resolution (50 U.S.C. 1543(a)).
Section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) provides that any joint resolution or bill requiring the removal of United States Armed Forces from imminent engagement in hostilities without a declaration of war or specific statutory authorization shall be considered in accordance with the expedited procedures under section 601(b) of the International Security and Arms Export Control Act of 1976 (Public Law 94–329).
Pursuant to section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a), and in accordance with section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94–329), Congress hereby directs the President to remove the United States Armed Forces from hostilities within or against Iran, unless explicitly authorized by a declaration of war or a specific authorization for use of military force.
Nothing in this section may be construed to prevent the United States from—
defending against an attack on the United States or its personnel or facilities in other nations;
collecting, analyzing, or sharing intelligence, including with the State of Israel and other nations and international organizations as appropriate, related to threats from Iran or its proxies; or
assisting Israel and other nations—
in taking defensive measures to protect their territory from retaliatory attacks by Iran or its proxies; or
by providing defensive materiel support for such defensive measures.