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.
H. Con. Res. 38 – Directing removal of U.S. forces from unauthorized hostilities in Iran
119th Congress
This concurrent resolution tells the President to stop using U.S. Armed Forces in hostilities against Iran unless Congress clearly authorizes it. It relies on the War Powers Resolution, which limits military actions without a declaration of war. It does not itself give any new authority to use force.
- Bill Number
- HCONRES38
- Chamber
- senate
What This Bill Does
The resolution states that Congress has the power to declare war and has not declared war or given specific legal approval for U.S. military hostilities against Iran. It cites the War Powers Resolution, which says the President must remove U.S. forces from hostilities abroad if Congress directs it when there is no declaration of war or specific authorization. Using that law, it directs the President to end the use of U.S. Armed Forces in hostilities against Iran or any part of its government or military. This limit would not apply if Congress later passes a declaration of war or a specific authorization for the use of military force against Iran. The resolution also clarifies that it does not stop the United States from defending itself from an imminent attack. It says it does not interfere with intelligence, counterintelligence, or investigative activities related to threats in or from Iran, including collecting, analyzing, or sharing intelligence with partners when the President decides that is in the national security interest of the United States. Finally, it states that nothing in the resolution should be read as authorizing any use of military force. It is meant only to restrict unauthorized hostilities, not to create new war powers.
Why It Matters
This resolution matters because it focuses on who has the legal authority to send U.S. forces into hostilities, especially in relation to Iran. It aims to make sure that any extended U.S. military action against Iran happens only if Congress clearly approves it. For service members, this could affect where and how they are used in potential or ongoing conflicts involving Iran. For the public, it touches on how decisions about war are made and which branch of government is responsible for approving them. The resolution also protects ongoing intelligence and security work related to Iran, which can be important for tracking threats and informing policy choices. The exact effects would depend on current or future military activities and how the executive branch interprets and follows this direction if it is adopted by both chambers of Congress.
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Arguments
Arguments in support
- Reinforces Congress’s constitutional role in deciding when the United States enters into war or sustained hostilities.
- Reduces the chance of the United States sliding into a wider conflict with Iran without clear debate and approval from elected lawmakers.
- Provides clearer legal boundaries for the use of U.S. forces, which some see as important for service members’ safety and accountability.
- Still allows the United States to defend itself from imminent threats and to continue intelligence work, which can address security concerns.
- Signals that large or ongoing military actions should have transparent and specific authorization rather than relying on older or broader authorities.
Arguments against
- Could be seen as limiting the President’s flexibility to respond quickly to evolving threats involving Iran and its proxies.
- Might create uncertainty for commanders and allies about what actions are allowed, especially in complex situations where threats are indirect or unclear.
- Some may view it as sending a message of reduced U.S. willingness to use force, which they worry could embolden hostile actors.
- Opponents may argue that existing authorizations or inherent executive powers are sufficient, making this additional limitation unnecessary.
- The use of a concurrent resolution, rather than a law signed by the President, may raise questions about its legal force and practical effect.
Key Facts
- Directs the President, under section 5(c) of the War Powers Resolution, to end the use of U.S. Armed Forces in hostilities against Iran or its government or military.
- Allows continued use of force in self-defense against an imminent attack, preserving the President’s ability to respond to immediate threats.
- States that U.S. intelligence, counterintelligence, and investigative activities related to threats in or from Iran may continue, including collecting, analyzing, and sharing intelligence with partners.
- Requires that any future hostilities against Iran by U.S. forces be explicitly authorized by a declaration of war or a specific authorization for use of military force.
- Clarifies that the resolution itself does not authorize any use of military force, in line with section 8(a)(1) of the War Powers Resolution.
- Is drafted as a concurrent resolution, which directs the President but does not go to the President for signature like a regular bill.
Gotchas
- Despite addressing military hostilities, the resolution explicitly states it does not authorize any use of force, avoiding being used as a new war authorization.
- Intelligence and related activities involving Iran are carved out and allowed to continue, even while hostilities are restricted.
- The resolution applies to hostilities against any part of Iran’s government or military, not just direct attacks on Iranian territory, which could affect certain operations in third countries.
- The directive is tied to the War Powers Resolution, whose interpretation and enforceability have been debated in past conflicts.
Full Bill Text
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