Concurrent Resolution H CON RES 38

Concurrent Resolution H. CON. RES. 38 – Directing the President to Remove United States Armed Forces from Unauthorized Hostilities in Iran

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IN THE HOUSE OF REPRESENTATIVES

Mr. M
ASSIE (for himself, Mr. KHANNA , Ms. OCASIO-CORTEZ , Ms. HOYLE of
Oregon, Ms. T
LAIB , Ms. J AYAPAL , Mr. B EYER , Mr. D OGGETT , Mr.
C
ASAR , Ms. PRESSLEY , Mrs. RAMIREZ , Ms. LEE of Pennsylvania, Ms.
O
MAR , Mr. G ARCI
A of Illinois, Ms. V ELA
ZQUEZ , and Mr. MCGOVERN )

Submitted by

Mr. M ASSIE (for himself, Mr. KHANNA , Ms. OCASIO-CORTEZ , Ms. HOYLE of Oregon, Ms. T LAIB , Ms. J AYAPAL , Mr. B EYER , Mr. D OGGETT , Mr. C ASAR , Ms. PRESSLEY , Mrs. RAMIREZ , Ms. LEE of Pennsylvania, Ms. O MAR , Mr. G ARCI A of Illinois, Ms. V ELA ZQUEZ , and Mr. MCGOVERN )

CONCURRENT RESOLUTION

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.

Resolved by the House of Representatives (the Senate concurring),

SECTION 1. FINDINGS.

Congress has the sole power to declare war under article 1, section 8, clause 11 of the United States Constitution.
Congress has not declared war with respect to, or provided a specific statutory authorization for, hostilities involving United States Armed Forces against the Islamic Republic of Iran.
Section 5(c) of the War Powers Resolution (50 U.S.C. 1544(c)) states that “at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization, such forces shall be removed by the President if Congress so directs.”

SECTION 2. TERMINATION OF THE USE OF UNITED STATES FORCES FOR HOSTILITIES AGAINST THE ISLAMIC REPUBLIC OR IRAN.

(a) T

ERMINATION .—Pursuant to section 5(c) of the War Powers Resolution (50 U.S.C. 1544(c)), Congress hereby directs the President to terminate the use of United States Armed Forces from hostilities against the Islamic Republic of Iran or any part of its government or military, unless explicitly authorized by a declaration of war or specific authorization for use of military force against Iran.

(b) R

ULE OF CONSTRUCTION .—Nothing in this section shall be construed to prevent the United States from defending itself from imminent attack.

SEC. 3. RULE OF CONSTRUCTION REGARDING INTELIGENCE SHARING.

Nothing in this joint resolution may be construed to influence or disrupt any intelligence, counterintelligence, or investigative activities relating to threats in or emanating from Iran conducted by, or in conjunction with, the United States Government involving—

(1)

the collection of intelligence;

the analysis of intelligence; or

the sharing of intelligence between the United States and any coalition partner if the President determines such sharing is appropriate and in the national security interests of the United States.

SEC. 4. RULE OF CONSTRUCTION REGARDING NO AUTHORIZATION FOR USE OF MILITARY FORCE.

Consistent with section 8(a)(1) of the War Powers Resolution (50 U.S.C. 1547(a)(1)), nothing in this concurrent resolution may be construed as authorizing the use of military force.