S.J.Res. 161

94 SJ 161 IS: 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.
 U.S. Senate
 2026-04-13
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 IIA  119th CONGRESS  2d Session  S. J. RES. 161  IN THE SENATE OF THE UNITED STATES   April 13, 2026   Mr. Kelly  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.
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 Constitution of the United States.
(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 the Islamic Republic of Iran or any person or organization within the Islamic Republic of Iran, nor enacted a specific statutory authorization for the use of military force within or against the Islamic Republic of Iran.
(4)
Notwithstanding the lack of authority, the United States Armed Forces has initiated hostilities against the Islamic Republic of Iran and conducted sustained offensive operations against Iranian military targets, expanding the scope and duration of the conflict beyond a limited or defensive action.
(5)
Since the initiation of hostilities, the Islamic Republic of Iran and Iran-backed forces have conducted and supported attacks against United States regional partners across the Middle East, including missile, drone, and proxy operations targeting partner nations and critical infrastructure.
(6)
The continuation of offensive operations led by the United States against the Islamic Republic of Iran increases the likelihood of further retaliation against United States Armed Forces and against allies and partners in the Middle East, raising the risk of a broader regional conflict.
(7)
The use of military force within or against the Islamic Republic of 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) ).
(8)
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 a specific statutory authorization shall be considered in accordance with the expedited procedures under section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 ( Public Law 94–329 ; 90 Stat. 765).
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 ; 90 Stat. 765), Congress directs the President to remove the United States Armed Forces from hostilities within or against the Islamic Republic of Iran, unless explicitly authorized by a declaration of war or a specific authorization for use of military force against the Islamic Republic of Iran.
(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 partner countries who have been attacked by the Islamic Republic of Iran since February 28, 2026, and other nations and international organizations as appropriate, related to defense from threats from the Islamic Republic of Iran or its proxies; or
(3)
assisting partner countries who have been attacked by the Islamic Republic of Iran since February 28, 2026, and other nations—
(A)
in intercepting retaliatory attacks upon their territory by the Islamic Republic of Iran or its proxies; or
(B)
by providing defensive materiel support for such.