S.J.Res. 104

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 104 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. J. RES. 104

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.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

January 29, 2026

Mr. Kaine (for himself and Mr. Paul) 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 
within or against the Islamic Republic of Iran that have not been 
authorized by Congress.

Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. FINDINGS.

Congress makes the following findings:
(1) Congress has the sole power to declare war under 
article I, section 8, clause 11 of the United States 
Constitution.
(2) 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.
(3) 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.
(4) 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)).
(5) 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).

SEC. 2. REMOVAL OF UNITED STATES ARMED FORCES FROM HOSTILITIES WITHIN 
OR AGAINST IRAN.

(a) Removal.--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.
(b) Rule of Construction.--Nothing in this section may be construed 
to prevent the United States from--
(1) defending against an attack on the United States or its 
personnel or facilities in other nations;
(2) 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
(3) assisting Israel and other nations--
(A) in taking defensive measures to protect their 
territory from retaliatory attacks by Iran or its 
proxies; or
(B) by providing defensive materiel support for 
such defensive measures.
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