[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 123 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. J. RES. 123
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.
_______________________________________________________________________
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.
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) 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).
SEC. 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.
SEC. 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.
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