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.
House Roll Call
H.Con.Res.38
| Bill | 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. |
|---|---|
| Vote question | On Agreeing to the Resolution |
| Vote type | Yea-and-Nay |
| Result | Failed |
| Totals | Yea 212 / Nay 219 / Present 0 / Not Voting 1 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 2 | 215 | 0 | 1 |
| D | 210 | 4 | 0 | 0 |
| I | 0 | 0 | 0 | 0 |
Research Brief
On Agreeing to the Resolution
Bill Analysis
H.Con.Res. 38 (119th Congress) is a War Powers Resolution measure directing the President to withdraw U.S. Armed Forces from hostilities involving the Islamic Republic of Iran that have not been explicitly authorized by Congress.
Substance and authorities
- Invokes section 5(c) of the War Powers Resolution (50 U.S.C. 1544(c)), which allows Congress, by concurrent resolution, to require the President to remove U.S. forces from hostilities or situations where imminent involvement in hostilities is clearly indicated, absent a declaration of war or specific statutory authorization.
- Declares that current or recent U.S. military actions “in or against Iran” (or its forces, proxies, or territory) are not authorized by:
- The 2001 Authorization for Use of Military Force (AUMF) against those responsible for 9/11; or
- The 2002 AUMF relating to Iraq.
- Directs the President to remove U.S. forces from such hostilities within a specified period (typically 30 days, sometimes with a brief extension for safe withdrawal; the exact timeframe is set in the resolution text).
Scope and limitations
- Applies to “hostilities” or situations of imminent hostilities with Iran, including direct strikes, sustained military operations, or deployments where conflict with Iran is reasonably foreseeable.
- Does not restrict:
- Defensive actions to repel an armed attack against U.S. forces;
- Intelligence, logistics, or diplomatic activities short of “hostilities,” unless otherwise specified;
- Operations clearly and separately authorized by Congress in the future.
Agencies and actors affected
- Primarily affects the Department of Defense and the President’s Commander-in-Chief authorities, by constraining continued or expanded military operations against Iran without new congressional authorization.
- Indirectly affects the Department of State and intelligence agencies in planning regional posture and engagement.
Beneficiaries / regulated parties
- Regulates the Executive Branch’s use of military force.
- Aims to protect U.S. service members from being engaged in an undeclared or unauthorized conflict with Iran and to reassert Congress’s constitutional war powers.
Timeline
- Becomes operative upon adoption by both chambers as a concurrent resolution; withdrawal deadlines run from that date.
- The noted latest action (“motion to reconsider laid on the table”) indicates House disposition of a procedural step, not final enactment.
Yea (212)
J
Jason Crow
L
Lloyd Doggett
J
John Garamendi
J
John Mannion
L
Lucy McBath
C
Christian Menefee
E
Eric Swalwell
R
Rashida Tlaib
N
Nydia Velázquez
D
Debbie Wasserman Schultz
Nay (219)
K
Ken Calvert
S
Scott Franklin
L
Lisa McClain
J
John Rutherford
D
David Schweikert
P
Pete Sessions
