A 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.

Bill Number: S.J.Res. 104
Origin Chamber: Senate
Congress: 119th Congress, Session 2
Policy Area: International Affairs
Status: Introduced
Latest Action: 2026-03-04: Motion to discharge Senate Committee on Foreign Relations rejected by Yea-Nay Vote. 47 - 53. Record Vote Number: 46. (consideration: CR S796)
Last Updated: 2026-05-13T20:21:18Z

AI-Generated Summary

Purpose

This joint resolution aims to assert Congress's constitutional authority over military engagements by directing the President to withdraw United States Armed Forces from any hostilities (armed conflicts) involving or targeting Iran, unless Congress explicitly authorizes them through a declaration of war or a specific law permitting military force. It emphasizes that such actions require congressional approval to prevent unauthorized wars.

Key Provisions

Findings Section: Outlines foundational reasons for the resolution, including:
Congress's exclusive power under the U.S. Constitution (Article I, Section 8) to declare war.
The President's duty to defend the U.S., its territories, citizens, service members, and diplomats from attacks.
No existing congressional declaration of war or specific authorization for military actions against Iran or entities within it.
Any use of force against Iran qualifies as "introduction into hostilities" under the War Powers Resolution (a 1973 law requiring the President to notify Congress of military actions and limiting unauthorized engagements).
References expedited congressional procedures for resolutions like this one, as outlined in related laws from 1976 and 1984, to speed up debate and voting.

Removal Directive: Orders the President to immediately remove U.S. forces from hostilities against Iran, invoking the same expedited procedures to ensure quick implementation.

Exceptions (Rule of Construction): Clarifies that the resolution does not prohibit:
Defensive actions against attacks on the U.S. or its personnel/facilities abroad.
Intelligence collection, analysis, or sharing (e.g., with Israel or other nations) on threats from Iran or its allies.
Support for allies like Israel, including defensive measures against Iranian retaliation or providing defensive equipment (e.g., weapons for protection, not offense).

Significant Changes to Existing Law

This resolution does not amend laws directly but enforces and builds on the War Powers Resolution by mandating withdrawal from unauthorized actions specifically against Iran.
It invokes rarely used expedited procedures (from the 1976 International Security Assistance and Arms Export Control Act and the 1984 Department of State Authorization Act), which require Congress to consider and vote on such measures within set timelines (e.g., 15 days of introduction), bypassing normal delays. This strengthens congressional checks on executive military decisions without creating new statutes.

Potential Impacts

On Government Agencies: The executive branch (e.g., Department of Defense and President) would face restrictions on unilateral military operations against Iran, potentially requiring congressional approval for future actions. This could limit flexibility in rapid-response scenarios but enhance oversight.
On Citizens: U.S. service members and their families might see reduced risk of involvement in undeclared conflicts, promoting accountability in decisions that could lead to war casualties or costs.
On International Relations: Could signal a more restrained U.S. posture toward Iran, potentially de-escalating tensions but straining alliances if perceived as weakening deterrence against Iranian threats. It explicitly preserves support for allies like Israel, minimizing disruption to partnerships in the Middle East.

Main Stakeholders Affected

Congress: Gains reinforced authority to control military engagements, with bipartisan sponsors (e.g., Senators Kaine and Paul) highlighting its role in war decisions.
Executive Branch (President and Military): Directly bound by the withdrawal order, affecting operational planning for the U.S. Armed Forces.
U.S. Allies (e.g., Israel): Protected through allowances for defensive aid, but could face indirect effects if U.S. involvement in regional conflicts is curtailed.
Iran and Its Proxies: Potential reduction in U.S. military pressure, which might embolden or deter Iranian actions depending on enforcement.
U.S. Citizens and Taxpayers: Indirectly impacted through influence on foreign policy, national security, and federal spending on military operations.

Notable Legal, Constitutional, or Political Implications

Constitutional: Reinforces the separation of powers by upholding Congress's war declaration authority (Article I) against potential executive overreach under Article II (President as Commander-in-Chief), addressing ongoing debates about "undeclared wars."
Legal: Relies on established frameworks like the War Powers Resolution, which has been contentious since the Vietnam War era; if passed, it could set a precedent for similar resolutions on other nations, though presidents have historically challenged such limits in court or through veto.
Political: Highlights partisan and bipartisan concerns over executive-led military actions (e.g., past U.S. strikes on Iranian targets). As an introduced bill (referred to the Senate Foreign Relations Committee on January 29, 2026), its passage would require overcoming potential vetoes, potentially sparking debates on U.S. foreign policy priorities in the 119th Congress.

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

Sponsor

Sen. Kaine, Tim [D-VA]

Cosponsors (27)

Sen. Paul, Rand [R-KY], Sen. Schumer, Charles E. [D-NY], Sen. Schiff, Adam B. [D-CA], Sen. Kim, Andy [D-NJ], Sen. Van Hollen, Chris [D-MD], Sen. Schatz, Brian [D-HI], Sen. Welch, Peter [D-VT], Sen. Sanders, Bernard [I-VT], Sen. Merkley, Jeff [D-OR], Sen. Gallego, Ruben [D-AZ], Sen. Duckworth, Tammy [D-IL], Sen. Murphy, Christopher [D-CT], Sen. Padilla, Alex [D-CA], Sen. King, Angus S., Jr. [I-ME], Sen. Hirono, Mazie K. [D-HI], Sen. Markey, Edward J. [D-MA], Sen. Coons, Christopher A. [D-DE], Sen. Alsobrooks, Angela D. [D-MD], Sen. Durbin, Richard J. [D-IL], Sen. Gillibrand, Kirsten E. [D-NY], Sen. Warren, Elizabeth [D-MA], Sen. Heinrich, Martin [D-NM], Sen. Murray, Patty [D-WA], Sen. Blumenthal, Richard [D-CT], Sen. Wyden, Ron [D-OR], Sen. Cantwell, Maria [D-WA], Sen. Booker, Cory A. [D-NJ]

Recent Actions

2026-03-04: Motion to discharge Senate Committee on Foreign Relations rejected by Yea-Nay Vote. 47 - 53. Record Vote Number: 46. (consideration: CR S796) (Roll call 46)
2026-01-29: Read twice and referred to the Committee on Foreign Relations.
2026-01-29: Introduced in Senate

Bill Versions

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. — issued 2026-01-29 — PDF (4 pages)