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S.J.Res. 104Senate119th Congress (2025-2027)In Committee

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.

Sponsored by Tim KaineSen. Tim Kaine (D-VA)
Introduced January 29, 2026

AI-Generated Summary

Updated February 4, 2026 at 11:12 PM UTC

This joint resolution orders the President to pull U.S. troops out of any hostilities involving Iran that have not been approved by Congress. It underscores Congress’s constitutional authority to declare war and notes that no such declaration or specific military‑force authorization exists for Iran. The bill applies to all U.S. armed forces engaged in Iran‑related combat, while still allowing defensive actions, intelligence activities, and support to allies.

Key Provisions

  • Congress directs the President to withdraw U.S. armed forces from any combat or hostile actions in or against Iran unless a formal war declaration or specific statutory authorization is in place.
  • The resolution emphasizes that only Congress can declare war, and notes that no such declaration or specific authorization exists for Iran.
  • It clarifies that the withdrawal requirement does not stop the United States from defending itself, gathering or sharing intelligence about Iranian threats, or providing defensive assistance and materiel to Israel or other allies facing Iranian aggression.

Legislative Activity

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2 earlier actions
SenateDischarge Latest Action

Motion to discharge Senate Committee on Foreign Relations rejected by Yea-Nay Vote. 47 - 53. Record Vote Number: 46. (consideration: CR S796)

Foreign Relations Committee
View vote Failed

March 4, 2026

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SenateIntro Referral

Introduced in Senate

January 29, 2026

SenateIntro Referral

Read twice and referred to the Committee on Foreign Relations.

Foreign Relations Committee

January 29, 2026

SenateDischarge

Motion to discharge Senate Committee on Foreign Relations rejected by Yea-Nay Vote. 47 - 53. Record Vote Number: 46. (consideration: CR S796)

Foreign Relations Committee
View vote Failed

March 4, 2026

Voting History

1 vote recorded • Roll call available

SENATE

Roll Call Available

March 4, 2026 at 4:08 PM

On the Motion to Discharge S.J.Res. 104

Majority required: 1/2 (50%)

Failed

47 - 53

Floor Debate

3 members

What members said about S.J.Res. 104 on the floor

1 Republican2 Democrats
Joni Ernst
Sen. Joni ErnstR-IA · Mar 3, 2026

Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand adjourned until 10 a.m. on Wednesday, March 4; that following the prayer and pledge, the Journal of…

Record
Tim Kaine
Sen. Tim KaineD-VA · Mar 4, 2026

Mr. President, pursuant to section 601(b) of the International Security Assistance and Arms Export Control Act, I move to discharge the Committee on Foreign Relations from further consideration of…

Record
Patty Murray
Sen. Patty MurrayD-WA · Mar 4, 2026

Mr. President, how am I recorded? In the affirmative. Thank you. The clerk continued with the call of the roll.

Record

Bill Text

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Introduced in SenateIssued January 29, 2026

IIA

119th CONGRESS

2d Session

S. J. RES. 104

IN THE SENATE OF THE UNITED STATES

January 29, 2026

Mr. Kaine (for himself and Mr. Paul) 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 within or against the Islamic Republic of Iran that have not been authorized by Congress.

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)

The President has a constitutional responsibility to take actions to defend the United States, its territories, its possessions, citizens, service members, and diplomats from attack.

(3)

Congress has not declared war upon 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 within the meaning of section 4(a) of the War Powers Resolution (50 U.S.C. 1543(a)).

(5)

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 requiring the removal of United States Armed Forces from imminent engagement in hostilities without a declaration of war or specific statutory authorization shall be considered in accordance with the expedited procedures under section 601(b) of the International Security and Arms Export Control Act of 1976 (Public Law 94–329).

2.

Removal of United States Armed Forces from hostilities within or against Iran

(a)

Removal

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 section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94–329), Congress hereby directs the President to remove the United States Armed Forces from hostilities within or against Iran, unless explicitly authorized by a declaration of war or a specific authorization for use of military force.

(b)

Rule of construction

Nothing in this section may be construed to prevent the United States from—

(1)

defending against an attack on the United States or its personnel or facilities in other nations;

(2)

collecting, analyzing, or sharing intelligence, including with the State of Israel and other nations and international organizations as appropriate, related to threats from Iran or its proxies; or

(3)

assisting Israel and other nations—

(A)

in taking defensive measures to protect their territory from retaliatory attacks by Iran or its proxies; or

(B)

by providing defensive materiel support for such defensive measures.