S.J.Res. 44Senate118th Congress (2023-2025)In Committee

A joint resolution directing the removal of United States Armed Forces from hostilities in the Republic of Niger that have not been authorized by Congress.

Sponsored by Rand PaulSen. Rand Paul (R-KY)
Introduced September 6, 2023

AI-Generated Summary

Updated January 20, 2026 at 11:09 AM UTC

The joint resolution orders the President to pull U.S. military personnel out of any combat or hostile actions in Niger that have not been specifically authorized by Congress. It aims to enforce Congress’s war‑powers authority by ending U.S. involvement in Niger unless a formal declaration of war or statutory authorization is passed. The directive applies to all U.S. armed forces currently operating in or engaged with hostilities in Niger.

Key Provisions

  • Directs the President to remove U.S. forces from hostilities in Niger within 30 days of the resolution’s adoption, unless Congress approves a later date and no war declaration or specific authorization exists.
  • Specifies that the removal must continue until Congress enacts a declaration of war or a specific statutory authorization for the use of force in Niger.
  • Clarifies that the resolution does not itself authorize any use of military force.

Legislative Activity

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3 earlier actions
SenateDischarge Latest Action

Motion to discharge Senate Committee on Foreign Relations rejected by Yea-Nay Vote. 11 - 86. Record Vote Number: 270.

October 26, 2023

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SenateIntro Referral

Introduced in Senate

September 6, 2023

SenateIntro Referral

Read twice and referred to the Committee on Foreign Relations.

September 6, 2023

SenateDischarge

Motion to discharge Senate Committee on Foreign Relations made. (CR S5205)

October 26, 2023

SenateDischarge

Motion to discharge Senate Committee on Foreign Relations rejected by Yea-Nay Vote. 11 - 86. Record Vote Number: 270.

October 26, 2023

Floor Debate

10 members

What members said about S.J.Res. 44 on the floor

5 Republicans4 Democrats1 Independent
Rand Paul
Sen. Rand PaulR-KY · Oct 26, 2023

Mr. President, so much senseless violence, so much death and destruction, shouldn't we at least avoid wars of choice? Shouldn't we at least not go looking for trouble in every corner of the planet?…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Oct 26, 2023

Mr. President, before I address the amendment offered by Senator Braun, let me thank the Senator from Washington State for her very kind comments expressing condolences to the people of Maine. Our…

Patty Murray
Sen. Patty MurrayD-WA · Oct 26, 2023

Mr. President, before I speak, I just want to take a moment to speak to the gut-wrenching shooting that occurred in Maine last night. The situation, I know, is still developing, and I am sure there…

James E. Risch
Sen. James E. RischR-ID · Oct 26, 2023

Mr. President, I rise in opposition to my friend's motion to discharge this from our committee. Let me start where he left off. He is asking that we remove our troops from hostilities in Niger. Let…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Oct 26, 2023

Mr. President, I, too, also oppose this motion for the reasons that Senator Risch outlined. Our presence there are not troops in hostility. To the contrary. We have been asked. Our African partners…

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Mike Braun
Sen. Mike BraunR-IN · Oct 26, 2023

Mr. President, I call up my amendment No. 1182 and ask that it be reported by number. Mr. President, Americans are hurting more than I think in any other time since I have been here for sure: high…

Angus S. King Jr.
Sen. Angus S. King Jr.I-ME · Nov 1, 2023

Mr. President, I rise to provide a brief statement on the rollcall votes on October 26, 2023. I was unable to attend the votes because I was in Maine to respond to a mass shooting in Lewiston, ME.…

Joe Manchin III
Sen. Joe Manchin IIID-WV · Oct 25, 2023

Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand adjourned until 10 a.m. on Thursday, October 26; that following the prayer and pledge, the Journal…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Oct 26, 2023

I announce that the Senator from Maine (Mr. King) and the Senator from California (Mr. Padilla) are necessarily absent.

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Oct 26, 2023

I announce that the Senator from Maine (Mr. King) and the Senator from California (Mr. Padilla) are necessarily absent.

John Thune
Sen. John ThuneR-SD · Oct 26, 2023

The following Senator is necessarily absent: the Senator from South Carolina (Mr. Scott).

John Thune
Sen. John ThuneR-SD · Oct 26, 2023

The following Senator is necessarily absent: the Senator from South Carolina (Mr. Scott).

Bill Text

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Introduced in SenateIssued September 6, 2023

III

118th CONGRESS

1st Session

S. J. RES. 44

IN THE SENATE OF THE UNITED STATES

September 6, 2023

Mr. Paul introduced the following joint resolution; which was read twice and referred to the Committee on Foreign Relations

JOINT RESOLUTION

Directing the removal of United States Armed Forces from hostilities in the Republic of Niger that have not been authorized by Congress.

1.

Findings

Congress finds the following:

(1)

Congress has the sole power to declare war under the War Powers Clause of section 8 of article I of the Constitution of the United States.

(2)

Niger hosts the second-largest United States military presence in Africa, with more than 1,000 members of the United States Armed Forces in the country as of June 2023.

(3)

Congress has not declared war against the Republic of Niger or any organization or group in Niger, nor has Congress provided a specific statutory authorization for the involvement of United States Armed Forces in the armed conflict or any hostilities in Niger.

(4)

The Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) against the perpetrators of the terror attacks on September 11, 2001, which was enacted on September 18, 2001, and the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243; 50 U.S.C. 1541 note), which was enacted on October 16, 2002, do not serve as specific statutory authorizations for the use of force against Niger.

(5)

Since 2013, members of the United States Armed Forces have been introduced into hostilities with terrorist organizations and insurgent groups in the Republic of Niger, including through direct exchanges of fire with such groups.

(6)

On October 4, 2017, 4 members of the United States Armed Forces, Staff Sergeant Bryan Black, Staff Sergeant Jeremiah Johnson, Sergeant La David Johnson, and Staff Sergeant Dustin Wright, were killed in an attack by a regional Islamic State affiliate near the village of Tongo Tongo in western Niger.

(7)

On December 6, 2017, members of the United States Armed Forces engaged in a firefight and reportedly killed 11 members of a regional Islamic State affiliate in southeastern Niger.

(8)

On July 26, 2023, a coup d’etat occurred in Niger when the presidential guard detained the duly-elected President Mohamed Bazoum, and a military junta, the National Council for the Safeguard of the Homeland, was established under the leadership of presidential guard commander general Abdourahamane Tchiani.

(9)

The coup d’etat triggered a regional conflict in which the Economic Community of West African States declared that it has chosen an undisclosed timeframe for possible military intervention in Niger to restore President Bazoum to power.

(10)

The regional conflict resulting from the coup d’etat threatens to involve members of the United States Armed Forces deployed in Niger, thus expanding the scope and nature of United States involvement in hostilities.

(11)

Section 8(c) of the War Powers Resolution (50 U.S.C. 1547(c)) defines the introduction of United States Armed Forces to include the assignment of members of such Armed Forces to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such military forces are engaged, or there exists an imminent threat that such forces will become engaged, in hostilities. Activities that the United States Armed Forces have conducted in Niger fall within such definition, as evidenced by direct exchanges of fire with various terrorist organizations and insurgent groups.

(12)

The United States Armed Forces have been introduced into active or imminent hostilities within the meaning of section 4(a) of the War Powers Resolution (50 U.S.C. 1543(a)).

(13)

Section 5(c) of the War Powers Resolution (50 U.S.C. 1544(c)) states, 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 the Congress so directs.

(14)

Section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) provides, [a]ny 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 procedures of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94–329; 90 Stat. 765).

2.

Removal of United States Armed Forces from hostilities in Niger that have not been authorized by Congress

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 (Public Law 94–329; 90 Stat. 765), Congress hereby directs the President to remove United States Armed Forces from hostilities in or affecting the Republic of Niger by not later than the date that is 30 days after the date of the adoption of this joint resolution (unless the President requests and Congress authorizes a later date), and unless and until a declaration of war or specific authorization for such use of United States Armed Forces has been enacted.

3.

Rule of construction regarding authorizations 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 joint resolution may be construed as authorizing the use of military force.