S.J.Res. 181

119 SJ 181 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
 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  2d Session  S. J. RES. 181  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.
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 ).
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.