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SJRES 161

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.

119th Congress Introduced by Tammy Baldwin and 4 co-sponsors

Directs the President to remove U.S. forces from Iran hostilities unless Congress declares war or authorizes force.

Introduced in Senate
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WeVote Research Nonpartisan
Bill Summary · SJRES 161

Summary of SJRES 161 (119th Congress, Introduced April 13, 2026)

A joint resolution directing the removal of United States Armed Forces from hostilities within or against Iran that have not been authorized by Congress.

1) Purpose and Intent

  • The bill asserts that Congress is the branch with the sole constitutional power to declare war.
  • It states that there has been no congressional declaration of war or statutory authorization for military force against Iran.
  • It concludes that U.S. forces are currently engaged in hostilities with Iran without explicit authorization and directs the removal of those forces from such hostilities.
  • The resolution is framed as a mechanism to terminate U.S. military involvement in hostilities with Iran unless a declaration of war or a specific authorization for use of military force (AUMF) is enacted.

2) Key Provisions and Changes

Section 1 — Findings

  • Reiterates constitutional principles: Congress’s power to declare war; president’s duty to defend the United States; absence of formal war declaration or statutory authorization against Iran.
  • Points to ongoing U.S. hostilities in Iran and Iran-backed forces, including missile, drone, and proxy actions in the region.
  • Warns that continued U.S. offensive operations could provoke broader regional conflict and retaliation.
  • Cites the War Powers Resolution framework (section 4(a)) to classify U.S. military involvement in Iran as hostilities.
  • Cites the Department of State Authorization Act for Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) regarding expedited procedures for joint resolutions requiring removal of forces in imminent engagement without a declaration or specific AUMF.

Section 2 — Removal of United States Armed Forces from Hostilities with Iran

  • Removal Directive: Directs the President to remove U.S. Armed Forces from hostilities within or against Iran unless there is a declaration of war or specific AUMF authorizing the use of force against Iran.
    • This action is to be carried out under the authority of the Department of State Authorization Act (1984–85) and the International Security Assistance and Arms Export Control Act of 1976 (P.L. 94-329) via the expedited procedures referenced in those statutes (601(b) procedures).
  • Limitations (Rule of Construction): The bill does not constrain:
    • Defending the United States, its personnel, or facilities from attacks abroad.
    • Collecting, analyzing, or sharing intelligence related to threats from Iran or its proxies (including with international partners).
    • Assisting allied or partner nations that have been attacked by Iran and its proxies (e.g., intercepting retaliatory attacks and providing defensive materiel).

3) Who Would Be Affected

  • U.S. Armed Forces currently engaged in hostilities with Iran or Iran-linked targets would be withdrawn from those hostilities absent a new declaration of war or a specific AUMF.
  • The executive branch (President and relevant defense and foreign policy agencies) would need to implement a plan to disengage from ongoing offensive operations.
  • U.S. defense and national security posture in the Middle East could shift toward defense and deterrence rather than offensive actions against Iran.

4) Procedural and Timeline Aspects

  • The bill was introduced in the Senate on April 13, 2026, by Senator Ben Cardin? (Note: The provided text shows sponsor details such as Mr. Kelly as introducer; co-sponsors include Mark Kelly, Andy Kim, Chuck Schumer, and Tammy Baldwin.)
  • It references expedited legislative procedures under the International Security Assistance and Arms Export Control Act (50 U.S.C. 1546a) and the War Powers framework (50 U.S.C. 1543(a)).
  • The resolution would take effect as soon as enacted, directing the President to remove U.S. forces from those hostilities unless new congressional authorization is enacted.

5) Notable Context and Considerations

  • Emphasizes a strict reading of constitutional authority over war powers and a preference for explicit congressional authorization before sustaining or expanding hostilities.
  • Includes a narrowly tailored allowance for ongoing defensive and intelligence activities, as well as defensive support to allies attacked by Iran, even if active hostilities are supposed to be removed.
  • If enacted, this resolution would represent a significant shift in U.S. military engagement with Iran, contingent on subsequent congressional action to authorize any future use of force.

Compiled from official sources — confirm details with the bill’s official record.

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