[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 83 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. J. RES. 83
To direct the removal of United States Armed Forces from hostilities
that have not been authorized by Congress.
_______________________________________________________________________
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.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 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.
SEC. 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.
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