S.J.Res. 181

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 181 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. J. RES. 181

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

April 13, 2026

Mrs. Gillibrand 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) 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.
(3) On February 28, 2026, the Trump Administration launched 
Operation Epic Fury, introducing the United States Armed Forces 
into hostilities as part of an ongoing and wide-reaching 
military campaign against the Government of Iran.
(4) The Trump Administration has repeatedly referred to 
this operation as a ``war,'' including President Donald J. 
Trump's statement on February 28, 2026, that the United States 
has entered into ``a war with Iran that we did not want but 
that we are going to win very quickly,'' and Secretary of 
Defense Pete Hegseth's statement on March 4, 2026, that ``the 
terms of this war will be set by us at every step''.
(5) Immediately following the initial attacks of Operation 
Epic Fury, the Islamic Revolutionary Guard Corps (IRGC) 
transmitted warnings via VHF radio to all vessels in the Strait 
of Hormuz that the passage was ``currently unsafe.'' The 
Islamic Revolutionary Guard Corps (IRGC)'s messaging resulted 
in a 70 percent drop in maritime traffic within 24 hours. By 
March 2, 2026, satellite traffic showed zero merchant ships 
appearing in the Strait of Hormuz. On March 27, 2026, the IRGC 
officially announced that the Strait was closed to any vessel 
going ``to and from'' ports belonging to the United States, 
Israel, and United States allies.
(6) The closure of the Strait of Hormuz is considered the 
largest disruption to the global energy supply in history. By 
March 8, 2026, oil prices exceeded $100 per barrel for the 
first time in nearly four years. The United Nations World Food 
Programme predicts that if the conflict continues, an 
additional 45,000,000 people worldwide could face food 
insecurity by the end of the year because roughly one third of 
the world's internationally traded fertilizer is carried 
through the Strait.
(7) President Trump set an April 7, 2026, 8 p.m. Eastern 
Standard Time deadline for Iran to reopen the Strait of Hormuz, 
and in order to force Iran's compliance, President Trump 
threatened on social media that ``a whole civilization will die 
tonight, never to be brought back again''. He added that he 
``didn't want that to happen, but it probably will''. On April 
7, 2026, President Trump agreed to a two-week ceasefire to 
permit peace negotiations but threatened ``total destruction'' 
if his terms are not met. On April 8, 2026, President Trump 
posted on Truth Social, ``the Strait must open now. If it stays 
closed, the two-week deal is over and destruction begins 
again.''.
(8) Later on April 8, 2026, President Trump threatened on 
social media again that if a final deal is not made, ``then the 
`Shootin' Starts,' bigger, and better, and stronger than anyone 
has ever seen before''. He added that the ``Military is Loading 
Up and Resting, looking forward, actually, to its next 
Conquest''. However, no request for a declaration of war or an 
authorization to use military force has been submitted to 
Congress.
(9) Reports from the Pentagon on April 4, 2026, indicate 
that more than 50,000 members of the United States Armed Forces 
have participated in the unprecedented operation. In March, 
approximately 2,000 soldiers from the United States Army's 82nd 
Airborne Division deployed to the region in support of 
Operation Epic Fury.
(10) As of April 8, 2026, seven members of the United 
States Armed Forces have been killed in combat as part of 
Operation Epic Fury, and six more crewmembers of a KC-135 
refueling aircraft died in a crash in western Iraq. Officially, 
the Pentagon reports 381 wounded members of the Armed Forces 
involved in Operation Epic Fury.
(11) 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)).
(12) 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 15 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 Israel and partner countries who have been 
attacked by Iran since February 28, 2026, and other nations and 
international organizations as appropriate, related to threats 
from Iran or its proxies; or
(3) assisting Israel and partner countries who have been 
attacked by Iran since February 28, 2026, and other nations--
(A) in directly defending against retaliatory 
attacks upon their territories by Iran or its proxies; 
or
(B) by providing defensive materiel support for 
such defensive measures.
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