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 concurrent resolution introduced under section 5(c) of the War Powers Resolution to compel the President to withdraw U.S. Armed Forces from hostilities involving the Islamic Republic of Iran that lack explicit congressional authorization.
Substance and effect:
- Declares that U.S. forces are currently engaged in or at risk of being engaged in “hostilities” against Iran or Iranian forces/proxies without a specific authorization for use of military force (AUMF) or declaration of war.
- Directs the President to remove U.S. Armed Forces from such hostilities, except those engaged solely in self-defense, within a specified period (typically 30 days in similar resolutions; the exact timeline is set in the resolution text).
- Clarifies that existing AUMFs (e.g., 2001 AUMF against those responsible for 9/11 or 2002 Iraq AUMF) do not constitute authorization for war against Iran unless expressly stated.
Funding/authorities:
- Does not appropriate funds or create new spending.
- Operates by constraining the President’s commander-in-chief authority through the War Powers Resolution framework, effectively prohibiting the use of funds or personnel for unauthorized hostilities against Iran beyond the withdrawal deadline.
- Does not amend permanent law; as a concurrent resolution, it expresses and enforces Congress’s will under the War Powers Resolution but does not go to the President for signature.
Agencies and programs affected:
- Primarily affects the Department of Defense and, indirectly, the Department of State and intelligence agencies, by limiting operational military activities directed at Iran.
- May require operational adjustments in U.S. Central Command (CENTCOM) and related force deployments, targeting, and support missions in the region.
Beneficiaries and regulated parties:
- Regulates the Executive Branch’s conduct of military operations.
- Intended beneficiaries are U.S. service members (reduced exposure to unauthorized conflict) and, indirectly, civilian populations in the region.
Key timelines:
- Takes effect upon adoption by both chambers; withdrawal must occur within the resolution’s specified timeframe, with only narrow exceptions for self-defense or safe disengagement.
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
