Directing the President, pursuant to section 5© of the War Powers Resolution, to remove United States Armed Forces from hostilities with Iran.
Key claim: H.Con.Res. 40 directs the President to remove U.S. Armed Forces from hostilities against Iran unless Congress declares war or authorizes use of military force, with a limited exception for forces needed to defend against imminent attack if War Powers notification rules are followed.
Abstract
(HCONRES40 · 119th Congress) This concurrent resolution directs the President to remove U.S. Armed Forces from hostilities against Iran unless explicitly authorized by a declaration of war or a congressional authorization for use of military force against Iran. Elements of the U.S. Armed Forces needed to defend the United States, an ally, or a partner from imminent attack are not covered by this requirement provided the President complies with a specified provision of the War Powers Resolution. (The provision generally requires the President to remove U.S. Armed Forces from hostilities no more than 60 days after the President notifies or is required to notify Congress of such involvement, unless Congress authorizes such use. For more information on the War Powers Resolution, see CRS In Focus 13134 .) Latest action (2026-04-16): Motion to reconsider laid on the table Agreed to without objection.
Why this matters
H.Con.Res. 40 is a live test of Congress’s Section 5© War Powers Resolution authority to compel withdrawal of U.S. Armed Forces from hostilities that lack a declaration of war or specific AUMF, applied to the Iran theater. Practically, a concurrent resolution has limited legal force (not presented to the President), but its passage signals congressional intent and shapes the political and fiscal envelope for sustained operations. It sits alongside other 119th Congress efforts (e.g., the No WAR Act and a parallel withdrawal resolution) attempting to reassert legislative control over military engagement with Iran.