S.J.Res. 123

94 SJ 123 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
 2026-03-10
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 IIA  119th CONGRESS  2d Session  S. J. RES. 123  IN THE SENATE OF THE UNITED STATES   March 10, 2026   Ms. Duckworth  (for herself,  Mr. Booker ,  Mr. Kaine ,  Mr. Murphy ,  Mr. Schiff , and  Ms. Baldwin ) 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 and its territories, 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 purpose of the War Powers Resolution, as stated in section 2(a) of such resolution ( 50 U.S.C. 1541(a) ), is to  insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities. .
(5)
Section 3 of the War Powers Resolution ( 50 U.S.C. 1542 ) states,  The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances. .
(6)
On February 28, 2026, the Trump administration launched Operation Epic Fury, introducing the United States military into hostilities as part of a military campaign against the Government of Iran that he described as  major combat operations.  Since then, the President and various administration officials have offered inconsistent timelines for the continuation of military operations against Iran with President Trump’s March 2, 2026, notification to Congress pursuant to the War Powers Resolution of 1973 stating that  it is not possible at this time to know the full scope and duration of military operations that may be necessary .
(7)
As of March 9, 2026, seven members of the United States Armed Forces have been killed as part of Operation Epic Fury, and President Trump has suggested there will likely be additional American lives lost, stating on March 2, 2026,  We pray for the full recovery of the wounded and send our immense love and eternal gratitude to the families of the fallen. And, sadly, there will likely be more before it ends. That’s the way it is. Likely be more. .
(8)
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) ).
(9)
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 the Islamic Republic of Iran
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.
3.
Rule of construction
Nothing in this resolution 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 partner countries who have been attacked by Iran since February 28, 2026, 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.