SJRES 171

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IN THE SENATE OF THE UNITED STATES

April 13, 2026

Mr. Kim 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, servicemembers, 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) 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.”.

(5) The Trump administration has, on multiple occasions, referred to this operation as a “war,” including—

(A) President Donald J. Trump’s statement on February 28, 2026, that the United States was engaged in “a war with Iran that we did not want but that we are going to win very quickly”; and

(B) 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”.

(6) President Donald J. Trump and senior executive branch officials have also repeatedly referred to the existence of a state of “war” when describing this operation, 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) 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.”;

(C) President Trump, on March 4, 2026, stating, “We are doing very well on the warfront, to put it mildly, I would say.”; and

(D) Secretary of Defense Hegseth, on March 4, 2026, stating “The terms of this war will be set by us at every step.”.

(7) As result of this use of military force, as of April 10, 2026, 13 members of the United States Armed Forces have been killed and at least 350 servicemembers have been wounded.

(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 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. <all>