S.J.Res. 83

119 SJ 83 IS: To direct the removal of United States Armed Forces from hostilities that have not been authorized by Congress.
 U.S. Senate
 2025-09-18
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 IIA  119th CONGRESS  1st Session  S. J. RES. 83  IN THE SENATE OF THE UNITED STATES   September 18 (legislative day, September 16), 2025   Mr. Schiff  (for himself and  Mr. Kaine ) 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 that have not been authorized by Congress.
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, nor enacted a specific statutory authorization for use of military force against—
(A)
any organization designated on or after February 20, 2025, as a foreign terrorist organization pursuant to section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ) or as a specially designated global terrorist pursuant to Executive Order 13224 ( 50 U.S.C. 1701  note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism);
(B)
any states in which those entities operate; or
(C)
any non-state organization engaged in the promotion, trafficking, and distribution of illegal drugs and other related activities.
(3)
The designation of an entity as a foreign terrorist organization or specially designated global terrorist provides no legal authority for the President to use force against members of designated organizations or any foreign state.
(4)
There has been no armed attack on the United States by—
(A)
any organization designated on or after February 20, 2025, as a foreign terrorist organization or specially designated global terrorist;
(B)
any states in which those entities operate; or
(C)
any non-state organization engaged in the promotion, trafficking, and distribution of illegal drugs and other related activities.
(5)
The United States military strike on a vessel on September 2, 2025, and the subsequent United States military strike on a vessel on September 15, 2025, constitute, within the meaning of section 4(a) of the War Powers Resolution ( 50 U.S.C. 1543(a) ), either hostilities or a situation where imminent involvement in hostilities is clearly indicated by the circumstances into which United States Armed Forces have been introduced. The application of the War Powers Resolution is without prejudice as to whether the strikes themselves violated United States domestic law, international humanitarian law, or international human rights law.
(6)
Congress has not received sufficient information regarding—
(A)
the vessels' passengers, cargo, or affiliation;
(B)
the vessels' intended destinations;
(C)
any threats the vessels posed to United States interests;
(D)
any justification for the use of lethal force against the vessels;
(E)
the availability of non-lethal means to interdict the vessels; or
(F)
the purported domestic authority or international legal basis to conduct the strikes.
(7)
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 to require the removal of United States Armed Forces engaged in hostilities without a declaration of war or specific statutory authorization shall be considered in accordance with the expedited procedures of section 601(b) of the International Security and Arms Control Export Act of 1976.
(8)
Congress is resolved to provide resources and authorities to the executive branch to prevent and mitigate drug and narcotics trafficking into the United States, including through the use of intelligence, law enforcement, personnel, and detection technology at and between ports of entry and diplomatic and military tools as appropriate to deter, prevent, and prosecute illicit drug and narcotics trafficking, and will consider providing additional resources and authorities if they are requested by the President to combat the spread of illegal drugs.
(9)
On September 4, 2025, the President formally notified Congress of the September 2, 2025, strike, noted the potential for further military strikes, and stated that  it is not possible at this time to know the full scope and duration of military operations that will be necessary  to address the continuing threat of drug trafficking emanating from unspecified countries by unspecified organizations.
2.
Termination of use of Armed Forces
(a)
Termination
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 the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, Congress hereby directs the President to terminate the use of United States Armed Forces for hostilities against any organization designated on or after February 20, 2025, as a foreign terrorist organization or specially designated global terrorist, any states in which those entities operate, or any non-state organization engaged in the promotion, trafficking, and distribution of illegal drugs and other related activities, unless explicitly authorized by a declaration of war or specific authorization for use of military force.
(b)
Rule of construction
Nothing in this section shall be construed as preventing the United States from defending itself from an armed attack or threat of an imminent armed attack or using the United States Armed Forces in support of civil authorities as part of authorized counternarcotics operations. The trafficking of illegal drugs does not itself constitute such an armed attack or threat of an imminent armed attack.