H.Con.Res. 38 — 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.

This section makes findings that (1) Congress has the sole constitutional power to declare war under article I, section 8, clause 11; (2) Congress has not declared war or provided specific statutory authorization for hostilities involving United States Armed Forces against the Islamic Republic of Iran; and (3) section 5(c) of the War Powers Resolution (50 U.S.C. 1544(c)) requires the President to remove United States Armed Forces from hostilities outside the United States, its possessions, and territories if Congress so directs by concurrent resolution.

This section directs the President to terminate the use of United States Armed Forces in hostilities against the Islamic Republic of Iran, or any part of its government or military, unless Congress has expressly authorized that use through a declaration of war or a specific authorization for use of military force against Iran. (Thus, the provision invokes section 5(c) of the War Powers Resolution, 50 U.S.C. § 1544(c), to require withdrawal absent express congressional authorization.) It also provides that nothing in the section may be construed to prevent the United States from defending itself against an imminent attack.

This section establishes that nothing in the joint resolution may be construed to influence or disrupt intelligence, counterintelligence, or investigative activities relating to threats in or emanating from Iran conducted by or with the United States Government, including the collection, analysis, or sharing of intelligence with coalition partners if the President determines such sharing is appropriate and in the national security interests of the United States.

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