April 16 (legislative day, April 14), 2026
Mr. Schiff (for himself, Mr. Kaine, Mr. Murphy, Mr. Booker, Mr. Kim, Mr. Merkley, and Ms. Baldwin) introduced the following joint resolution; which was read twice and referred to the Committee on Foreign Relations
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.
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, its territories, its 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 President notified Congress on March 2, 2026, pursuant to the War Powers Resolution of 1973, of the initiation of military force against Iran on February 28, 2026. The notification stated that it is not possible at this time to know the full scope and duration of military operations that may be necessary. As such, United States forces remain postured to take further action, as necessary and appropriate, to address further threats and attacks upon the United States or its allies and partners, and ensure the Government of the Islamic Republic of Iran ceases being a threat to the United States, its allies, and the international community.
.
(5)
Pursuant to the War Powers Resolution (50 U.S.C. 1541 et seq.), the President must terminate any use of United States Armed Forces within 60 days of providing initial notification to Congress, unless Congress has declared war or has enacted a specific authorization for such use of United States Armed Forces,
has extended by law such 60-day period,
or is physically unable to meet as a result of an armed attack upon the United States,
none of which has occurred with respect to the current hostilities in and against Iran.
(6)
Under the War Powers Resolution, the President may extend the presence of the Armed Forces for not more than an additional 30 days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces
.
(7)
The 60-day period following the President’s notification to Congress on March 2, 2026, ends on May 1, 2026.
(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.