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.
