119-sjres83

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 83 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
S. J. RES. 83

 To direct the removal of United States Armed Forces from hostilities 
 that have not been authorized by Congress.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 September 18 (legislative day, September 16), 2025

 Mr. Schiff (for himself and Mr. Kaine) introduced the following joint 
 resolution; which was read twice and referred to the Committee on 
 Foreign Relations

_______________________________________________________________________

 JOINT RESOLUTION

 To direct the removal of United States Armed Forces from hostilities 
 that have not been authorized by Congress.

 Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. FINDINGS.

 Congress makes the following findings:

    (1) Congress has the sole power to declare war under 
 Article I, 

section 8, clause 11 of the United States 
 Constitution.

    (2) Congress has not declared war upon, nor enacted a 
 specific statutory authorization for use of military force 
 against--
        (A) any organization designated on or after 
 February 20, 2025, as a foreign terrorist organization 
 pursuant to 

section 219

    (a) of the Immigration and 
 Nationality Act (8 U.S.C. 1189

    (a) ) or as a specially 
 designated global terrorist pursuant to Executive Order 
 13224 (50 U.S.C. 1701 note; relating to blocking 
 property and prohibiting transactions with persons who 
 commit, threaten to commit, or support terrorism);
        (B) any states in which those entities operate; or
            (C) any non-state organization engaged in the 
 promotion, trafficking, and distribution of illegal 
 drugs and other related activities.

    (3) The designation of an entity as a foreign terrorist 
 organization or specially designated global terrorist provides 
 no legal authority for the President to use force against 
 members of designated organizations or any foreign state.

    (4) There has been no armed attack on the United States 
 by--
        (A) any organization designated on or after 
 February 20, 2025, as a foreign terrorist organization 
 or specially designated global terrorist;
        (B) any states in which those entities operate; or
            (C) any non-state organization engaged in the 
 promotion, trafficking, and distribution of illegal 
 drugs and other related activities.

    (5) The United States military strike on a vessel on 
 September 2, 2025, and the subsequent United States military 
 strike on a vessel on September 15, 2025, constitute, within 
 the meaning of 

section 4

    (a) of the War Powers Resolution (50 
 U.S.C. 1543

    (a) ), either hostilities or a situation where 
 imminent involvement in hostilities is clearly indicated by the 
 circumstances into which United States Armed Forces have been 
 introduced. The application of the War Powers Resolution is 
 without prejudice as to whether the strikes themselves violated 
 United States domestic law, international humanitarian law, or 
 international human rights law.

    (6) Congress has not received sufficient information 
 regarding--
        (A) the vessels' passengers, cargo, or affiliation;
        (B) the vessels' intended destinations;
            (C) any threats the vessels posed to United States 
 interests;
            (D) any justification for the use of lethal force 
 against the vessels;
        (E) the availability of non-lethal means to 
 interdict the vessels; or
        (F) the purported domestic authority or 
 international legal basis to conduct the strikes.

    (7) Section 1013 of the Department of State Authorization 
 Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a), provides 
 that any joint resolution or bill to require the removal of 
 United States Armed Forces engaged in hostilities without a 
 declaration of war or specific statutory authorization shall be 
 considered in accordance with the expedited procedures of 
 

section 601

    (b) of the International Security and Arms Control 
 Export Act of 1976.

    (8) Congress is resolved to provide resources and 
 authorities to the executive branch to prevent and mitigate 
 drug and narcotics trafficking into the United States, 
 including through the use of intelligence, law enforcement, 
 personnel, and detection technology at and between ports of 
 entry and diplomatic and military tools as appropriate to 
 deter, prevent, and prosecute illicit drug and narcotics 
 trafficking, and will consider providing additional resources 
 and authorities if they are requested by the President to 
 combat the spread of illegal drugs.

    (9) On September 4, 2025, the President formally notified 
 Congress of the September 2, 2025, strike, noted the potential 
 for further military strikes, and stated that ``it is not 
 possible at this time to know the full scope and duration of 
 military operations that will be necessary'' to address the 
 continuing threat of drug trafficking emanating from 
 unspecified countries by unspecified organizations.

SEC. 2. TERMINATION OF USE OF ARMED FORCES.

    (a) Termination.--Pursuant to 

section 1013 of the Department of 
State Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) 
and in accordance with the provisions of 

section 601

    (b) of the 
International Security Assistance and Arms Export Control Act of 1976, 
Congress hereby directs the President to terminate the use of United 
States Armed Forces for hostilities against any organization designated 
on or after February 20, 2025, as a foreign terrorist organization or 
specially designated global terrorist, any states in which those 
entities operate, or any non-state organization engaged in the 
promotion, trafficking, and distribution of illegal drugs and other 
related activities, unless explicitly authorized by a declaration of 
war or specific authorization for use of military force.

    (b) Rule of Construction.--Nothing in this section shall be 
construed as preventing the United States from defending itself from an 
armed attack or threat of an imminent armed attack or using the United 
States Armed Forces in support of civil authorities as part of 
authorized counternarcotics operations. The trafficking of illegal 
drugs does not itself constitute such an armed attack or threat of an 
imminent armed attack.
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