S.J.Res. 117

94 SJ 117 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
 2026-03-05
 text/xml
 EN
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 IIA  119th CONGRESS  2d Session  S. J. RES. 117  IN THE SENATE OF THE UNITED STATES   March 5, 2026   Mr. Schiff  (for himself,  Mr. Kaine ,  Mr. Murphy , and  Mr. Booker ) 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 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)
President Donald J. Trump and senior executive branch officials have repeatedly referred to the existence of a state of  war , including—
(A)
President Trump on February 28, 2026, stating,  The lives of courageous American heroes may be lost, and we may have casualties. That often happens in war. ;
(B)
President Trump on March 4, 2026, stating,  We are doing very well on the warfront, to put it mildly, I would say. ;
(C)
Secretary of Defense Hegseth on March 4, 2026, stating  The terms of this war will be set by us at every step. ; and
(D)
Secretary of State Rubio on March 3, 2026, stating,  As of a few minutes ago, before I left, 9,000 Americans have been able to leave the region since the start of this war. .
(5)
The President notified Congress on March 2, 2026, pursuant to the War Powers Resolution of 1973, of the initiation of military force against Iran on February 28, 2026. The notification stated that  it is not possible at this time to know the full scope and duration of military operations that may be necessary. As such, United States forces remain postured to take further action, as necessary and appropriate, to address further threats and attacks upon the United States or its allies and partners, and ensure the Government of the Islamic Republic of Iran ceases being a threat to the United States, its allies, and the international community. .
(6)
The President and the Secretary of Defense have publicly acknowledged the possibility of using ground forces in Iran, including—
(A)
President Trump, stating on March 2, 2026,  I don’t have the yips with respect to boots on the ground—like every president says,  There will be no boots on the ground.  I don’t say it. I say  probably don’t need them,  [or]  if they were necessary . ; and
(B)
Secretary Hegseth, responding on March 2, 2026, to whether  there [are] currently any American boots on the ground in Iran?  by stating,  No, but we are not going to go into the exercise of what we will or will not do. .
(7)
As of March 5, 2026, six United States servicemembers have been killed and at least 18 servicemembers have been wounded.
(8)
On March 2, 2026, an official account of the Department of State posted a social media message that urged Americans to  DEPART NOW  and evacuate from Bahrain, Egypt, Iran, Iraq, Israel, the West Bank, and Gaza, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, Syria, the United Arab Emirates, and Yemen. The United States embassies in Kuwait, Saudi Arabia, and Lebanon closed, as of March 5, 2026, amid drone strikes, and the embassies in Kuwait City and Riyadh were attacked directly.
(9)
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) ).
(10)
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 ).
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 United States partners and allies, and international organizations as appropriate, related to defending against threats from Iran or its proxies;
(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; or
(4)
providing assistance for the security, departure, and evacuation to United States citizens affected by the hostilities.