S.J.Res. 104 — A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Islamic Republic of Iran that have not been authorized by Congress.

This section states the following congressional findings: (1) Congress has the sole power to declare war under Article I, Section 8, Clause 11 of the U.S. Constitution; (2) the President has a constitutional responsibility to defend the United States, its territories, possessions, citizens, service members, and diplomats from attack; (3) Congress has not declared war on Iran or any person or organization within Iran, nor enacted a specific statutory authorization for the use of military force within or against Iran; (4) the use of military force within or against Iran constitutes the introduction of United States Armed Forces into hostilities under section 4(a) of the War Powers Resolution (50 U.S.C. 1543(a)); and (5) section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a), provides for expedited consideration under specified procedures of any joint resolution or bill requiring removal of U.S. Armed Forces from imminent hostilities without a declaration of war or specific statutory authorization.

This section directs the President, pursuant to section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a)—which establishes expedited procedures for congressional consideration of resolutions requiring removal of U.S. Armed Forces engaged in hostilities abroad absent a declaration of war or specific statutory authorization—to remove U.S. Armed Forces from hostilities within or against Iran unless explicitly authorized by a declaration of war or specific authorization for use of military force. A rule of construction clarifies that this directive does not prohibit the United States from (1) defending against attacks on the United States, its personnel, or facilities abroad; (2) collecting, analyzing, or sharing intelligence related to threats from Iran or its proxies; or (3) assisting Israel or other nations with defensive measures or defensive materiel support against retaliatory attacks by Iran or its proxies.