Directing the President pursuant to section 5(c) of the War Powers Resolution to remove United States Armed Forces from unauthorized hostilities in the Islamic Republic of Iran.

Bill Number: H.Con.Res. 38
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: International Affairs
Status: Failed House
Latest Action: 2026-03-05: Motion to reconsider laid on the table Agreed to without objection.
Last Updated: 2026-03-10T16:05:32Z

AI-Generated Summary

Purpose

This concurrent resolution (H. Con. Res. 38) aims to direct the President to withdraw United States Armed Forces from any unauthorized military actions, or "hostilities," against the Islamic Republic of Iran. It invokes the War Powers Resolution, a 1973 law designed to check presidential military actions without congressional approval, to enforce congressional authority over war-making.

Key Provisions

Findings (Section 1):
Affirms that only Congress can declare war under Article I, Section 8 of the U.S. Constitution.
States that no war has been declared or specific legal authorization (like an Authorization for Use of Military Force, or AUMF) provided for U.S. military actions against Iran.
Cites Section 5(c) of the War Powers Resolution (50 U.S.C. 1544(c)), which requires the President to remove U.S. forces from hostilities abroad if Congress directs it without a declaration of war or statutory approval.

Termination of Hostilities (Section 2):
Directs the President to end the use of U.S. Armed Forces in hostilities against Iran, its government, or military, unless Congress approves via a war declaration or specific AUMF.
Includes a "rule of construction" clarifying that this does not prevent the U.S. from defending itself against an imminent attack.

Intelligence Activities (Section 3):
Ensures the resolution does not interfere with U.S. intelligence collection, analysis, or sharing related to threats from Iran, as long as the President deems it necessary for national security.

No Authorization for Force (Section 4):
Explicitly states, per Section 8(a)(1) of the War Powers Resolution, that the resolution does not grant permission for any military action.

Significant Changes to Existing Law

This resolution does not amend or create new laws; it is a non-binding expression of Congress's intent that relies on the existing War Powers Resolution to compel presidential action. If passed by both the House and Senate and enrolled, it would serve as a formal directive under that law, potentially testing its enforceability without changing the underlying statutes. It reinforces congressional oversight but introduces no statutory alterations.

Potential Impacts

On Government Agencies: The Department of Defense and intelligence agencies (e.g., CIA, NSA) would need to halt or redirect any unauthorized operations against Iran, potentially requiring rapid adjustments to military deployments. Intelligence sharing with allies could continue uninterrupted.
On Citizens: U.S. service members in potential conflict zones might be withdrawn, reducing risks to their safety, while broader national security could be affected if perceived threats from Iran persist without military response.
On International Relations: Could de-escalate U.S.-Iran tensions by signaling a congressional limit on military engagement, but might strain alliances (e.g., with Israel or Gulf states) that favor a harder stance on Iran. It could also prompt diplomatic opportunities or Iranian responses, such as reduced proxy activities.

Main Stakeholders Affected

U.S. Congress: Bipartisan sponsors (e.g., Reps. Massie, Khanna, Ocasio-Cortez) from both parties, emphasizing war powers; referred to the House Foreign Affairs Committee.
Executive Branch: The President and military leadership, who must comply with the withdrawal directive if enacted.
U.S. Military Personnel: Troops potentially involved in operations against Iran, facing possible redeployment.
Iranian Government and Military: Directly targeted by the hostilities clause, potentially benefiting from reduced U.S. pressure.
U.S. Allies and Adversaries: Countries like Israel, Saudi Arabia (allies concerned about Iran), and coalition partners in intelligence operations.

Notable Legal, Constitutional, or Political Implications

Legal/Constitutional: Highlights the ongoing tension between Congress's constitutional war-declaring power and the President's role as Commander-in-Chief. Invoking the War Powers Resolution could lead to court challenges if the President resists, testing the law's 50-year-old mechanisms for checks and balances.
Political: As an introduced resolution from a diverse group of lawmakers (progressives and libertarians), it reflects bipartisan concerns over executive overreach in foreign policy. Passage could spark debates on U.S. interventionism, especially amid Iran-related tensions, but its non-binding nature (requiring Senate concurrence) limits immediate force unless tied to funding or other leverage.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Massie, Thomas [R-KY-4]

Cosponsors (94)

Rep. Khanna, Ro [D-CA-17], Rep. Ocasio-Cortez, Alexandria [D-NY-14], Rep. Hoyle, Val T. [D-OR-4], Rep. Tlaib, Rashida [D-MI-12], Rep. Jayapal, Pramila [D-WA-7], Rep. Beyer, Donald S. [D-VA-8], Rep. Doggett, Lloyd [D-TX-37], Rep. Casar, Greg [D-TX-35], Rep. Pressley, Ayanna [D-MA-7], Rep. Ramirez, Delia C. [D-IL-3], Rep. Lee, Summer L. [D-PA-12], Rep. Omar, Ilhan [D-MN-5], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Velázquez, Nydia M. [D-NY-7], Rep. McGovern, James P. [D-MA-2], Rep. Pingree, Chellie [D-ME-1], Rep. Pocan, Mark [D-WI-2], Rep. Escobar, Veronica [D-TX-16], Rep. Tonko, Paul [D-NY-20], Rep. Balint, Becca [D-VT-At Large], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Johnson, Henry C. "Hank" [D-GA-4], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Jacobs, Sara [D-CA-51], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Simon, Lateefah [D-CA-12], Rep. Deluzio, Christopher R. [D-PA-17], Rep. Moore, Gwen [D-WI-4], Rep. Thompson, Mike [D-CA-4], Rep. Ansari, Yassamin [D-AZ-3], Rep. Thompson, Bennie G. [D-MS-2], Rep. Correa, J. Luis [D-CA-46], Rep. McCollum, Betty [D-MN-4], Rep. Kaptur, Marcy [D-OH-9], Rep. DeSaulnier, Mark [D-CA-10], Rep. Lynch, Stephen F. [D-MA-8], Rep. Carson, André [D-IN-7], Rep. Scanlon, Mary Gay [D-PA-5], Rep. Castro, Joaquin [D-TX-20], Rep. Frost, Maxwell [D-FL-10], Rep. Green, Al [D-TX-9], Rep. Dingell, Debbie [D-MI-6], Rep. Raskin, Jamie [D-MD-8], Rep. Stansbury, Melanie A. [D-NM-1], Rep. Garcia, Sylvia R. [D-TX-29], Rep. Matsui, Doris O. [D-CA-7], Rep. DeGette, Diana [D-CO-1], Rep. Scott, Robert C. "Bobby" [D-VA-3], Rep. Swalwell, Eric [D-CA-14], Rep. Titus, Dina [D-NV-1] and 44 more

Recent Actions

2026-03-05: Motion to reconsider laid on the table Agreed to without objection.
2026-03-05: On agreeing to the resolution Failed by the Yeas and Nays: 212 - 219 (Roll no. 85). (Roll call 85)
2026-03-05: Failed of passage/not agreed to in House On agreeing to the resolution Failed by the Yeas and Nays: 212 - 219 (Roll no. 85). (Roll call 85)
2026-03-05: Considered as unfinished business. (consideration: CR H2449)
2026-03-04: POSTPONED PROCEEDINGS - At the conclusion of debate on H.Con.Res. 38, the Chair put the question on agreeing to the resolution and by voice vote, announced the noes had prevailed. Mr. Meeks demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
2026-03-04: The previous question was ordered pursuant to a previous order of the House.
2026-03-04: DEBATE - Pursuant to a previous order, the House proceeded with two hours of debate on H. Con. Res. 38.
2026-03-04: Considered pursuant to a previous order. (consideration: CR H2395-2412; text: CR H2395-2396)
2026-03-04: Consideration initiated pursuant to a previous order.
2026-03-03: Mr. Mast asked unanimous consent That, it be in order at any time to consider H. Con. Res. 38 in the House if called up by the chair of the Committee on Foreign Affairs or his designee; that the concurrent resolution be considered as read; and that the previous question be considered as ordered on the concurrent resolution to adoption without intervening motion except for two hours of debate equally divided and controlled by the chair and ranking minority member of the Committee on Foreign Affairs or their respective designees. Agreed to without objection.
2025-06-17: Referred to the House Committee on Foreign Affairs.
2025-06-17: Submitted in House
2025-06-17: Submitted in House

Bill Versions

Directing the President pursuant to section 5(c) of the War Powers Resolution to remove United States Armed Forces from unauthorized hostilities in the Islamic Republic of Iran. — issued 2025-06-17 — PDF (3 pages)